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INDYMAC BANK, F.S.B. v. BAROI

Index No. 381386/08 Appeal No. 17437 Case No. 2019-03985.

214 A.D.3d 414 (2023)

184 N.Y.S.3d 752

2023 NY Slip Op 01142

Indymac Bank, F.S.B., Appellant, v. Albert S. Baroi et al., Defendants. Birchall Ave, LLC, Proposed Intervenor-Respondent.

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

Decided March 2, 2023.

Attorney(s) appearing for the Case

Goodwin Procter LLP, New York ( Allison M. Funk of counsel), for appellant.

Shiryak, Bowman, Anderson, Gill & Kadochnikov LLP, Kew Gardens ( Matthew J. Routh of counsel), for respondent.

Concur—Renwick, J.P., Friedman, Gesmer, Singh, Higgitt, JJ.

Order, Supreme Court, Bronx County (Doris M. Gonzalez, J.) entered on or about July 16, 2019, which denied the motion of Federal National Mortgage Association (Fannie Mae), as successor in interest to plaintiff Indymac Bank, F.S.B. (collectively plaintiff), to vacate the dismissal of the action, restore the matter to the court's active calendar, substitute Fannie Mae as plaintiff, and amend the caption, unanimously affirmed, without...

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