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U.S. BANK TRUST, N.A. v. SHAYESTEH

230 CA 22-00669.

215 A.D.3d 1250 (2023)

186 N.Y.S.3d 774

2023 NY Slip Op 02212

U.S. Bank Trust, N.A., as Trustee for LSF11 Master Participation Trust, Appellant, v. Piroozeh Shayesteh, Also Known as Piroozeh K. Shayesteh, and Another, Individually and as Trustee of the Jafar Shayesteh and Piroozeh Shayesteh Family Trust, Dated July 7, 1999, Respondent, et al., Defendants.

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

Decided April 28, 2023.

Attorney(s) appearing for the Case

FRIEDMAN VARTOLO LLP, GARDEN CITY ( JULIANA THIBAUT OF COUNSEL), FOR PLAINTIFF-APPELLANT.

ADAMS LECLAIR, LLP, ROCHESTER ( RICHARD T. BELL, JR. , OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Smith, J.P., Lindley, Curran, Ogden and Greenwood, JJ.

Appeal from an order of the Supreme Court, Ontario County (Craig J. Doran, J.), entered March 15, 2022. The order denied the motion of plaintiff for summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on January 19 and 20, 2023, and filed in the Ontario County Clerk's Office on January 23, 2023,

It is hereby ordered that said appeal is unanimously dismissed without costs upon...

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