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U.S. BANK N.A. v. STEWARD

2021-06021, 2021-06024. Index No. 606476/19.

219 A.D.3d 862 (2023)

2023 NY Slip Op 04392

U.S. Bank National Association, as Trustee for Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series 2005-5, Respondent, v. Jeanette Steward et al., Defendants, and LJ Equities II, LLC, Appellant.

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

Decided August 23, 2023.

Attorney(s) appearing for the Case

Irwin Popkin , Melville, NY, for appellant.

Duane Morris, LLP, New York, NY ( Brett L. Messinger of counsel), for respondent.

Barros, J.P., Genovesi, Dowling and Voutsinas, JJ., concur.

In an action to foreclose a mortgage, the defendant LJ Equities II, LLC, appeals from two orders of the Supreme Court, Suffolk County (Thomas F. Whelan, J.), both dated July 9, 2021. The first order, insofar as appealed from, granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant LJ Equities II, LLC, and for an order of reference, and denied that defendant's cross-motion for summary judgment...

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