U.S. BANK, N.A. v. JEAN-CHARLES

2019-08996. Index No. 511033/14.

198 A.D.3d 998 (2021)

155 N.Y.S.3d 586

2021 NY Slip Op 05884

U.S. Bank National Association, Appellant, v. Jean Franck Jean-Charles et al., Respondents, et al., Defendants.

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

Decided October 27, 2021.


Attorney(s) appearing for the Case

Goodwin Procter LLP, New York, NY ( Richard A. Sillett of counsel), for appellant.

Petroff Amshen LLP, Brooklyn, NY ( Serge F. Petroff , James Tierney , and Steven Amshen of counsel), for respondents.

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


Ordered that the judgment is reversed, on the law, with costs, the complaint is reinstated, that branch of the plaintiff's motion which was for summary judgment dismissing the third affirmative defense of the defendants Jean Franck Jean-Charles and Marie Elvie Prevot, alleging lack of standing, is granted, the order dated June 11, 2018, is modified accordingly, and the matter is remitted to the Supreme Court, Kings County, for the entry of an amended judgment, inter alia...

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