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U.S. BANK, N.A. v. PERALTA

2018-03316, 2018-03317. Index No. 14510/08.

191 A.D.3d 924 (2021)

142 N.Y.S.3d 568

2021 NY Slip Op 01085

U.S. Bank, N.A., Respondent, v. Elena Peralta, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 17, 2021.

Attorney(s) appearing for the Case

The Rosenfeld Law Office, Lawrence, NY ( Avinoam Rosenfeld of counsel), for appellant.

Frenkel Lambert Weiss Weisman & Gordon, LLP (Reed Smith LLP, New York, NY [ Andrew B. Messite and Joseph S. Jacobs ], of counsel), for respondent.

Rivera, J.P., Duffy, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the order dated December 19, 2017, is modified, on the facts and in the exercise of discretion, by deleting the provision thereof denying that branch of the cross motion of the defendant Elena Peralta which was pursuant to CPLR 5001 to reduce the amount of accrued interest, and substituting therefor a provision granting that branch of the cross motion; as so modified, the order is affirmed, without costs or disbursements, and the matter is remitted to the Supreme...

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