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U.S. BANK N.A. v. BHIMSEN

2019-08093, Index No. 505163/17.

206 A.D.3d 846 (2022)

71 N.Y.S.3d 110

2022 NY Slip Op 03920

U.S. Bank National Association, Appellant, v. Lilowtie Bhimsen, Respondent, et al., Defendants.

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

Decided June 15, 2022.

Attorney(s) appearing for the Case

McCalla Raymer Leibert Pierce, LLC, New York, NY ( Charles H. Jeanfreau of counsel), for appellant.

Berg & David PLLC, Brooklyn, NY ( Sholom Wohlgelernter and Abraham David of counsel), for respondent.

Connolly, J.P., Roman, Maltese and Christopher, JJ., concur.

Ordered that the order and judgment is reversed, on the law, on the facts, and in the exercise of discretion, with costs, those branches of the cross motion of the defendant Lilowtie Bhimsen which were for summary judgment dismissing the complaint insofar as asserted against that defendant and for leave to enter a default judgment on that defendant's counterclaim pursuant to RPAPL 1501(4) to cancel and discharge of record the subject...

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