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

2021-03603 Index No. 34223/17.

216 A.D.3d 1048 (2023)

190 N.Y.S.3d 393

2023 NY Slip Op 02705

U.S. Bank Trust, N.A., Appellant, v. Anthony Stracci, Jr., Respondent, et al. Defendants.

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

Decided May 17, 2023.

Attorney(s) appearing for the Case

Robertson, Anschutz, Schneid, Crane & Partners, PLLC, Westbury, NY (Day Pitney LLP [ Alfred W. J. Marks and Michael L. Fialkoff ], of counsel), for appellant.

Smith Buss & Jacobs LLP, Yonkers, NY ( Jeffrey D. Buss of counsel), for respondent.

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

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Rockland County (Robert M. Berliner, J.), dated March 30, 2021. The order, insofar as appealed from, granted the motion of the defendant Anthony Stracci, Jr., pursuant to Real Property Law § 282 for an award of an attorney's fee, and awarded that defendant an attorney's fee in the principal amount of $6,793.60.

Ordered that the order is reversed insofar as appealed...

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