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DEUTSCHE BANK NATL. TRUST CO. v. VELAZQUEZ

2020-02232. Index No. 25413/06.

213 A.D.3d 807 (2023)

184 N.Y.S.3d 763

2023 NY Slip Op 00842

Deutsche Bank National Trust Company, Appellant, v. Jorge Velazquez et al., Defendants. Point Holding Alpha, LLC., Nonparty Respondent.

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

Decided February 15, 2023.

Attorney(s) appearing for the Case

McCarter & English, LLP, New York, NY ( Adam M. Swanson and Jessie D. Bonaros of counsel), for appellant.

Warner & Scheuerman, New York, NY ( Karl E. Scheuerman and Jonathon D. Warner of counsel), for nonparty-respondent.

Barros, J.P., Brathwaite Nelson, Ford and Warhit, JJ., concur.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated December 5, 2019. The order denied the plaintiff's motion to vacate an order of the same court (Herbert Kramer, J.) dated June 25, 2012, sua sponte, directing dismissal of the complaint, in effect, pursuant to 22 NYCRR 202.27(c), and to restore the action to the calendar, and granted the cross-motion of nonparty Point Holding Alpha, LLC...

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