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US BANK v. McGOWN

2018-12383. Index No. 4079/08.

200 A.D.3d 826 (2021)

160 N.Y.S.3d 71

2021 NY Slip Op 06879

US Bank National Association, as Trustee for Deutsche Bank, Alt-A Securities Mortgage Loan Trust Series 2007-2, Respondent, v. James McGown et al., Defendants. Amy Carole Hicks, Nonparty Appellant.

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

Decided December 8, 2021.

Attorney(s) appearing for the Case

Kenneth R. Berman , Forest Hills, NY, for nonparty-appellant.

Robertson, Anschutz, Schneid, Crane & Partners, PLLC, Westbury, NY ( Joseph Battista and Leah Lenz of counsel), for respondent.

Hinds-Radix, J.P., Duffy, Barros and Christopher, JJ., concur.

Ordered that the order dated June 29, 2018, is reversed insofar as appealed from, on the law, with costs, those branches of the motion of Amy Carole Hicks which were pursuant to CPLR 5015(a)(4) to vacate the order of reference dated April 28, 2016, and, in effect, pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against the defendant A.M. for lack of personal jurisdiction are granted, and that branch of...

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