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DEUTSCHE BANK NATL. TRUST CO. v. BRATHWAITE

2019-02760. Index No. 33063/11.

197 A.D.3d 557 (2021)

153 N.Y.S.3d 55

2021 NY Slip Op 04659

Deutsche Bank National Trust Company, Appellant, v. Gerald Brathwaite et al., Defendants. Brock Tanksley, Nonparty Respondent.

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

Decided August 11, 2021.

Attorney(s) appearing for the Case

Duane Morris LLP, New York, NY ( Brett L. Messinger of counsel), for appellant.

Legal Aid Society of Rockland County, Inc., New City, NY ( Derek S. Tarson of counsel), for nonparty-respondent.

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

Ordered that the order is modified, on the law, by deleting the provision thereof directing dismissal of the complaint with prejudice, and substituting therefor a provision directing dismissal of the complaint without prejudice; as so modified, the order is affirmed insofar as appealed from, with costs to nonparty Brock Tanksley payable by the plaintiff.

In October 2011, the plaintiff commenced this action to foreclose...

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