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U.S. BANK N.A. v. OUTLAW

2019-10867. Index No. 710300/17.

217 A.D.3d 721 (2023)

191 N.Y.S.3d 436

2023 NY Slip Op 03038

U.S. Bank National Association, Respondent, v. Randolph Outlaw, Appellant, et al., Defendants.

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

Decided June 7, 2023.

Attorney(s) appearing for the Case

Mobilization for Justice, Inc., New York, NY ( Jeanette Zelhof , Joseph Rebella , Tiffany A. Liston , and Christopher Fasano of counsel), for appellant.

McCalla Raymer Leibert Pierce, LLC, New York, NY ( Jane H. Torcia of counsel), for respondent.

Connolly, J.P., Miller, Wooten and Wan, JJ., concur.

In an action to foreclose a mortgage, the defendant Randolph Outlaw appeals from an order of the Supreme Court, Queens County (Allan B. Weiss, J.), entered August 12, 2019. The order, insofar as appealed from, denied that defendant's motion, in effect, for summary judgment dismissing the complaint insofar as asserted against him and on his counterclaim pursuant to RPAPL 1501(4) to cancel and discharge of record the subject mortgage, and granted those branches of the plaintiff...

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