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U.S. BANK N.A. v. VALENCIA

2021-00050. Index No. 23170/13.

219 A.D.3d 890 (2023)

195 N.Y.S.3d 711

2023 NY Slip Op 04426

U.S. Bank National Association, as Trustee, Successor in Interest to Bank of America, National Association, as Trustee, Successor by Merger to LaSalle Bank National Association, as Trustee for Morgan Stanley Mortgage Loan Trust 2007-1XS, Respondent, v. Emma Valencia, Also Known as Emma L. Valencia, et al., Appellants, et al., Defendants.

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

Decided August 30, 2023.

Attorney(s) appearing for the Case

Petroff Amshen LLP, Brooklyn, NY ( Serge F. Petroff , James Tierney , and Steven Amshen of counsel), for appellants.

LOGS Legal Group, LLP, Rochester, NY ( Ellis Oster of counsel), for respondent.

Brathwaite Nelson, J.P., Genovesi, Warhit and Wan, JJ., concur.

In an action to foreclose a mortgage, the defendants Emma Valencia and Hugo Valencia appeal from an order and judgment of foreclosure and sale (one paper) of the Supreme Court, Queens County (Mojgan Cohanim Lancman, J.), entered June 7, 2019. The order and judgment of foreclosure and sale, insofar as appealed from, upon a decision of the same court dated December 28, 2018, inter alia, denied that branch of those defendants' cross-motion which was, in effect, for leave to...

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