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U.S. BANK N.A. v. McLEAN

2019-08148. Index No. 505172/16.

209 A.D.3d 792 (2022)

176 N.Y.S.3d 665

2022 NY Slip Op 05733

U.S. Bank National Association, Appellant, v. Taunya McLean et al., Respondents, et al., Defendants.

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

Decided October 12, 2022.

Attorney(s) appearing for the Case

McCalla Raymer Leibert Pierce, New York, NY ( Margaret S. Stefandl of counsel), for appellant.

Biolsi Law Group, P.C., New York, NY ( Steven Alexander Biolsi of counsel), for respondents.

Dillon, J.P., Roman, Maltese and Dowling, JJ., concur.

In an action to foreclose a mortgage, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Kings County (Noach Dear, J.), dated June 12, 2019. The order and judgment, insofar as appealed from, granted the cross motion of the defendants Taunya McLean and Roger McLean for summary judgment dismissing the complaint insofar as asserted against them and on their counterclaim to cancel and discharge the subject mortgage pursuant to RPAPL 1501(4), in...

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