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U.S. BANK N.A. v. TURNER

2020-06367. Index No. 4119/09.

215 A.D.3d 889 (2023)

188 N.Y.S.3d 536

2023 NY Slip Op 02023

U.S. Bank National Association, Appellant, v. Angeree J. Turner, Respondent, et al., Defendants.

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

Decided April 19, 2023.

Attorney(s) appearing for the Case

McCalla Raymer Leibert Pierce, LLC, New York, NY ( Harold L. Kofman of counsel), for appellant.

Stephen H. Finkelstein , New York, NY, for respondent.

Duffy, J.P., Rivera, Genovesi and Taylor, JJ., concur.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Queens County (Martin J. Schulman, J.), entered May 26, 2020. The order denied the plaintiff's motion to vacate an order of the same court entered August 6, 2014, inter alia, sua sponte, directing dismissal of the complaint without prejudice, and to restore the action to the active calendar.

Ordered that the order entered May...

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