U.S. BANK N.A. v. JACK

2020-04017. Index No. 500472/13.

219 A.D.3d 1369 (2023)

196 N.Y.S.3d 487

2023 NY Slip Op 04611

U.S. Bank National Association, Appellant-Respondent, v. Philomene Jack et al., Respondents-Appellants, et al., Defendants.

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

Decided September 13, 2023.


Attorney(s) appearing for the Case

McCabe, Weisberg & Conway, LLC, Melville, NY ( Kenneth Britt of counsel), for appellant-respondent.

Berg & David, PLLC, Brooklyn, NY ( Abraham David and Yehuda C. Morgenstern of counsel), for respondents-appellants.

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


In an action to foreclose a mortgage, the plaintiff appeals, and the defendants Philomene Jack and Ronell Jack cross-appeal, from an order of the Supreme Court, Kings County (Noach Dear, J.), dated March 3, 2020. The order, insofar as appealed from, denied the plaintiff's motion for leave to renew its prior motion to confirm a referee's report and for a judgment of foreclosure and sale and, in effect, for leave to renew its opposition to the cross-motion of the defendants...

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