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HSBC BANK USA, N.A. v. CROSS

2018-04665. Index No. 14461/11.

205 A.D.3d 779 (2022)

169 N.Y.S.3d 94

2022 NY Slip Op 03101

HSBC Bank USA, N.A., Respondent, v. Ethel Mae Cross, Appellant, et al., Defendants. Russell Carbone, Nonparty Appellant.

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

Decided May 11, 2022.

Attorney(s) appearing for the Case

Anthony J. LoPresti , Garden City, NY ( Gail M. Blasie of counsel), for defendant-appellant and nonparty-appellant.

Houser & Allison, APC, New York, NY ( Jordan W. Schur and Kathleen M. Massimo of counsel), for respondent.

Iannacci, J.P., Rivera, Ford and Dowling, JJ., concur.

Ordered that the appeal by nonparty Russell Carbone from so much of the order as denied the cross motion of the defendant Ethel Mae Cross pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against her as abandoned is dismissed, as the nonparty appellant is not aggrieved by that portion of the order (see CPLR 5511); and it is further,

Ordered that the appeal by the defendant Ethel Mae Cross from...

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