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U.S. BANK NA v. WARSHAW

2019-09347, 2020-01242. Index No. 613641/17.

208 A.D.3d 919 (2022)

173 N.Y.S.3d 665

2022 NY Slip Op 05108

U.S. Bank NA, Respondent, v. Miriam Warshaw et al., Appellants, et al., Defendants.

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

Decided August 31, 2022.

Attorney(s) appearing for the Case

Auciello Law Group, P.C. ( Anthony J. Auciello and Chirico Law, PLLC, Brooklyn, NY [ Vincent Chirico ], of counsel), for appellants.

Eckert Seamans Cherin & Mellott, LLC, White Plains, NY ( Geraldine A. Cheverko of counsel), for respondent.

Barros, J.P., Iannacci, Miller and Wooten, JJ., concur.

Motion by the respondent, inter alia, to dismiss the appeal from the order entered March 15, 2019, on the ground that the right of direct appeal therefrom terminated upon the entry of the order and judgment of foreclosure and sale in the action. By decision and order on motion of this Court dated June 3, 2020, the branch of the motion which is to dismiss the appeal from the order entered March 15, 2019, was held in abeyance and referred to the panel of Justices hearing the...

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