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DEUTSCHE BANK NATL. TRUST CO. v. KHALIL

2021-05877. Index No. 3465/09.

208 A.D.3d 555 (2022)

173 N.Y.S.3d 568

2022 NY Slip Op 04898

Deutsche Bank National Trust Company, as Indenture Trustee for American Home Mortgage Investment Trust 2007-2, Mortgage-Backed Notes, Series 2007-2 4600 Regents Boulevard Suite 200 Irving, TX 75063-1730, Appellant, v. Mousa A. Khalil, Respondent, et al., Defendants.

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

Decided August 10, 2022.

Attorney(s) appearing for the Case

Greenberg Traurig, LLP, New York, NY ( Ryan Sirianni of counsel), for appellant.

Law Offices of Jaime Lathrop, P.C., Brooklyn, NY, for respondent.

Connolly, J.P., Roman, Ford and Wan, JJ., concur.

Ordered that on the Court's own motion, the notice of appeal from so much of the order as, sua sponte, directed dismissal of the complaint as abandoned pursuant to CPLR 3215(c) is deemed to be an application for leave to appeal from that portion of the order, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

Ordered that the order is reversed insofar as appealed from, on the law, and the matter is remitted to the Supreme Court, Kings County...

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