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HSBC BANK USA v. EPSTEIN

2018-12605. Index No. 135135/14.

199 A.D.3d 790 (2021)

154 N.Y.S.3d 271

2021 NY Slip Op 06166

HSBC Bank USA, National Association, Respondent, v. Richard Epstein, Appellant, et al., Defendants.

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

Decided November 10, 2021.

Attorney(s) appearing for the Case

Michael P. Braunsberg , Staten Island, NY, for appellant.

Reed Smith LLP, New York, NY ( Kerren B. Zinner and Andrew B. Messite of counsel), for respondent.

Chambers, J.P., Miller, Iannacci and Ford, JJ., concur.

Motion by the respondent to dismiss the appeal on the ground that no appeal lies from a judgment entered upon the default of the appealing party. By decision and order on motion dated April 16, 2019, the motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the argument of the...

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