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U.S. BANK TRUST, N.A. v. BIGGS

2019-09952, Index No. 7380/18.

2022 NY Slip Op 02302

U.S. BANK TRUST, N.A., ETC., Respondent, v. JOHN BIGGS, ETC., ET AL., Appellants, ET AL., Defendants.

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

Decided April 6, 2022.

Attorney(s) appearing for the Case

David B. Gilbert , Middletown, NY, for appellants.

Before: Angela G. Iannacci, J.P., Reinaldo E. Rivera, Paul Wooten, Deborah A. Dowling, JJ.

In an action to foreclose a mortgage, the defendants John Biggs and Lisa Nunez appeal from an order of the Supreme Court, Orange County (Maria Vazquez-Doles, J.), dated June 4, 2019. The order, insofar as appealed from, denied that branch of those defendants' cross motion which was, in effect, pursuant to RPAPL 1301(3) to dismiss the complaint insofar as asserted against them.

DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed from...

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