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U.S. BANK N.A. v. SIMON

2020-09391, 2023-03988 Index No. 702414/16.

216 A.D.3d 1041 (2023)

191 N.Y.S.3d 61

2023 NY Slip Op 02702

U.S. Bank National Association, as Trustee for the Structured Asset Investment Loan Trust 2006-BNC3, Appellant, v. Robyn R. Simon, Respondent, et al., Defendants. Letitia James, Intervenor-Respondent.

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

Decided May 17, 2023.

Attorney(s) appearing for the Case

Reed Smith, LLP, New York, NY ( Jennifer L. Neuner , Andrew B. Messite , and James N. Faller of counsel), for appellant.

Queens Legal Services, Jamaica, NY ( Christopher Newton of counsel), for respondent.

Letitia James , Attorney General, New York, NY ( Barbara D. Underwood , Ester Murdukhayeva , and Mark S. Grube of counsel), intervenor-respondent pro se.

Brathwaite Nelson, J.P., Rivera, Zayas and Voutsinas, JJ., concur.

In an action to foreclose a mortgage, the plaintiff appeals from (1) an order of the Supreme Court, Queens County (Pam B. Jackman-Brown, J.), entered December 7, 2020, and (2) an order of the same court entered January 25, 2021. The order entered December 7, 2020, insofar as appealed from, upon a decision of the same court entered February 25, 2020, granted those branches of the motion of the defendant Robyn R. Simon which were for summary judgment dismissing the complaint...

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