MOONACHI, INC. v. U.S. BANK TRUST, N.A.

2020-01495. Index No. 508734/18.

213 A.D.3d 838 (2023)

184 N.Y.S.3d 112

2023 NY Slip Op 00858

Moonachi, Inc., Appellant, v. U.S. BANK TRUST, N.A., Respondent.

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

Decided February 15, 2023.


Attorney(s) appearing for the Case

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

Perkins Coie LLP, New York, NY ( Robert T. Yusko of counsel), for respondent.

Duffy, J.P., Connolly, Zayas and Wan, JJ., concur.


In an action pursuant to RPAPL 1501(4) to cancel and discharge of record a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated December 24, 2019. The order, insofar as appealed from, granted those branches of the defendant's motion which were pursuant to CPLR 317 to vacate a decision of the same court dated November 27, 2018, and pursuant to CPLR 3012(d) to compel the plaintiff to accept an untimely answer, and denied...

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