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U.S. BANK N.A. v. BHAGWANDEEN

2020-06963 Index No. 707178/15.

216 A.D.3d 700 (2023)

187 N.Y.S.3d 115

2023 NY Slip Op 02349

U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc. Mortgage Pass-Through Certificates Series 2004-NCM1, et al., Appellant v. Vindra Bhagwandeen, Respondent, et al., Defendants.

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

Decided May 3, 2023.

Attorney(s) appearing for the Case

Stradley Ronon Stevens & Young, LLP, New York, NY ( Jaqueline M. Aiello of counsel), for appellant.

Menashe & Associates LLP, Montebello, NY ( Chezki Menashe of counsel), for respondent.

Barros, J.P., Maltese, Zayas and Dowling, JJ., concur.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Queens County (Chereé A. Buggs, J.), entered June 11, 2020. The order denied the plaintiff's motion to vacate an order of the same court dated November 29, 2017, sua sponte, directing dismissal of the complaint, and to restore the matter to the active calendar.

Ordered that the order entered June 11, 2020, is reversed, on...

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