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U.S. BANK v. LIVINGSTON

2018-02944, 2018-05050. Index No. 24168/07.

199 A.D.3d 964 (2021)

154 N.Y.S.3d 465

2021 NY Slip Op 06389

U.S. Bank National Association, Respondent, v. Brian Livingston et al., Appellants, et al., Defendants.

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

Decided November 17, 2021.

Attorney(s) appearing for the Case

David A. Bythewood , Mineola, NY, for appellants.

Aldridge Pite, LLP, Melville, NY ( Kenneth M. Sheehan of counsel), for respondent.

Hinds-Radix, J.P., Brathwaite Nelson, Iannacci and Zayas, JJ., concur.

Ordered that on the Court's own motion, the notice of appeal from so much of the order dated January 11, 2018, as, sua sponte, directed further proceedings to determine whether sanctions should be imposed for making a frivolous motion is deemed to be an application for leave to appeal from that portion of the order dated January 11, 2018, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

Ordered that the order dated January 11, 2018, is...

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