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HSBC BANK USA, N.A. v. WHALEY

2019-03852, 2019-03854. Index No. 15272/13.

197 A.D.3d 1245 (2021)

154 N.Y.S.3d 96

2021 NY Slip Op 05027

HSBC Bank USA, N.A., Plaintiff, v. Adrienne Whaley et al., Defendants. Team Management USA, Inc., Nonparty Appellant; Elizon Master Participation Trust I, U.S. Bank Trust National Association, Nonparty Respondent. (Appeal No. 1.) Elizon Master Participation Trust I, U.S. Bank Trust National Association, Respondent, v. Adrienne Whaley et al., Defendants, and Team Management USA, Inc., Appellant. (Appeal No. 2.)

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

Decided September 22, 2021.

Attorney(s) appearing for the Case

Avi Rosenfeld , Lawrence, NY, for nonparty-appellant in Appeal No. 1 and appellant in Appeal No. 2.

Kosterich & Skeete, LLC, Tuckahoe, NY ( Denise Singh Skeete of counsel), for nonparty-respondent in Appeal No. 1 and respondent in Appeal No. 2.

Chambers, J.P., Austin, Brathwaite Nelson and Iannacci, JJ., concur.

Ordered that the orders are reversed insofar as appealed from, on the law and in the exercise of discretion, with one bill of costs, those branches of the renewed motion of Elizon Master Participation Trust I, U.S. Bank Trust National Association, which were for leave to enter a default judgment and for an order of reference are denied, and that branch of the cross motion of Team Management USA, Inc., which was pursuant to CPLR 3215(c) to dismiss the complaint as abandoned...

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