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US BANK N.A. v. DAVIS

2017-12978. Index No. 17823/10.

196 A.D.3d 530 (2021)

151 N.Y.S.3d 418

2021 NY Slip Op 04251

US Bank National Association, Respondent, v. Ray Osborn Davis et al., Appellants, et al., Defendants.

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

Decided July 7, 2021.

Attorney(s) appearing for the Case

Berg & David PLLC, Brooklyn, NY ( Abraham David , of counsel) for appellants.

Goodwin Procter, LLP, New York, NY ( Allison J. Schoenthal , and Richard A. Sillett , of counsel) for respondent.

Rivera, J.P., Hinds-Radix, Duffy and Christopher, JJ., concur.

Ordered that the judgment of foreclosure and sale is reversed, on the law, with costs, the plaintiff's motion to confirm the referee's report and for a judgment of foreclosure and sale is denied, and that branch of the cross motion of the defendants Ray Osborn Davis and 964-966 Myrtle, LLC, which was pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against the defendant 964-966 Myrtle, LLC, as abandoned is...

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