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U.S. BANK NATIONAL ASSOCIATION v. SANCHEZ

2020-02636, 2020-02643. Index No. 8531/08.

210 A.D.3d 723 (2022)

178 N.Y.S.3d 105

2022 NY Slip Op 06155

U.S. Bank National Association, Appellant, v. Carlos Sanchez, Respondent, et al., Defendants.

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

Decided November 2, 2022.

Attorney(s) appearing for the Case

Hinshaw & Culbertson, LLP, New York, NY ( Matthew C. Ferlazzo and Schuyler B. Kraus of counsel), for appellant.

Esagoff Law Group, P.C. (Alter & Barbaro, Brooklyn, NY [ Bernard M. Alter and Troy J. Lambert ], of counsel), for respondent.

Brathwaite Nelson, J.P., Miller, Genovesi and Warhit, JJ., concur.

In an action to foreclose a mortgage, the plaintiff appeals from (1) an order of the Supreme Court, Kings County (Sylvia G. Ash, J.), dated May 22, 2014, and (2) an order of the same court dated December 14, 2015. The order dated May 22, 2014, denied the plaintiff's motion to vacate an order of the same court dated September 24, 2013, directing dismissal of the complaint pursuant to CPLR 3216, and to restore the action to the active calendar. The order dated December 14,...

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