U.S. BANK N.A. v. STUART

2019-00824. Index No. 31439/09.

208 A.D.3d 824 (2022)

172 N.Y.S.3d 625

2022 NY Slip Op 05055

U.S. Bank National Association, Appellant, v. Craig Stuart, Respondent, et al., Defendants.

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

Decided August 24, 2022.


Attorney(s) appearing for the Case

Reed Smith LLP, New York, NY ( Natsayi Mawere , Andrew B. Messite , and James Faller of counsel), for appellant.

R. David Marquez, P.C., Mineola, NY, for respondent.

Barros, J.P., Chambers, Zayas and Dowling, JJ., concur.


Ordered that the order entered November 15, 2018, is reversed, on the law, without costs or disbursements, and the plaintiff's motion to vacate the order entered January 11, 2018, and to restore the action to the calendar is granted.

In November 2009, the plaintiff commenced this action against the defendants Craig Stuart (hereinafter the defendant) and Lois Stuart (hereinafter Lois), among others, to foreclose a mortgage encumbering certain real property in Queens...

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