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US BANK N.A. v. WEINMAN

2017-12841, 2017-12842. Index No. 4754/10.

195 A.D.3d 976 (2021)

2021 NY Slip Op 04051

US Bank National Association, Respondent, v. Caroline Waloski Weinman, Appellant.

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

Decided June 23, 2021.

Attorney(s) appearing for the Case

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Lake Success, NY ( Christopher A. Gorman of counsel), for appellant.

Aldridge Pite LLP (Reed Smith LLP, New York, NY [ Andrew B. Messite and Michael V. Margarella ], of counsel), for respondent.

Austin, J.P., Duffy, Iannacci and Wooten, JJ., concur.

Ordered that the first order is modified, on the law, by deleting the provision thereof granting the plaintiff's motion for summary judgment on the complaint, to strike the defendant's answer, and for an order of reference, and substituting therefor a provision denying that motion; as so modified, the first order is affirmed, and the second order is vacated; and it is further,

Ordered that the appeal from the second order is dismissed as academic in light of our determination...

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