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U.S. BANK TRUST N.A. v. GERMOSO

2021-00431 Index No. 10548/09.

216 A.D.3d 1046 (2023)

190 N.Y.S.3d 394

2023 NY Slip Op 02704

U.S. Bank Trust National Association, as Trustee of the Chalet Series III Trust, Respondent, v. Norma Germoso et al., Defendants. Jose F. Cabrera et al., Intervenors Appellants.

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

Decided May 17, 2023.

Attorney(s) appearing for the Case

The Emanuel Law Firm, LLC, Brooklyn, NY ( Richard G. Monaco of counsel), for intervenors-appellants.

McCalla Raymer Leibert Pierce, LLC, New York, NY ( David Gantz of counsel), for respondent.

Duffy, J.P., Chambers, Christopher and Zayas, JJ., concur.

In an action to foreclose a mortgage, the intervenors, Jose F. Cabrera and Teodoro Fernandez, appeal from an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated November 20, 2020. The order, insofar as appealed from, denied that branch of the intervenors' motion which was to dismiss the complaint based on, among other grounds, the plaintiff's failure to join a necessary party.

Ordered that the order is modified, on the law, by adding thereto a provision...

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