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

2019-03020, Index No. 58033/13.

2022 NY Slip Op 02304

U.S. BANK TRUST, N.A., Plaintiff-Respondent, v. BRIAN CARTER, ETC., Appellant, ET AL., Defendants; DAVID A. GALLO, ET AL., Nonparty-Respondents.

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

Decided April 6, 2022.

Attorney(s) appearing for the Case

The Law Office of Marcia E. Kusnetz, P.C., Rye Brook, NY, for appellant.

Robertson, Anschutz, Schneid, Crane & Partners, PLLC, Westbury, NY ( Joseph F. Battista of counsel), for plaintiff-respondent.

Before: Betsy Barros, J.P., Reinaldo E. Rivera, Paul Wooten, Deborah A. Dowling, JJ.

In an action to foreclose a mortgage, the defendant Brian Carter appeals from an order of the Supreme Court, Westchester County (Kathie E. Davidson, J.), dated March 8, 2019. The order, insofar as appealed from, granted the plaintiff's motion pursuant to CPLR 3103 for a protective order striking the discovery demands of the defendant Brian Carter, denied that branch of that defendant's motion which was pursuant to CPLR 3124 to compel nonparties David A. Gallo and Rosemary...

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