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HSBC BANK USA, NATIONAL ASSOCIATION v. ISLAM

2021-09088. Index No. 709738/17.

221 A.D.3d 672 (2023)

197 N.Y.S.3d 599

2023 NY Slip Op 05596

HSBC Bank USA, National Association, Respondent, v. MD A. Islam, Appellant, et al., Defendants.

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

Decided November 8, 2023.

Attorney(s) appearing for the Case

Law Office of Richard B. Zarco, P.C., New York, NY, for appellant.

McCalla Raymer Leibert Pierce, LLC, New York, NY ( Brian P. Scibetta and Justin P. Robinson of counsel), for respondent.

Iannacci, J.P., Genovesi, Ford and Wan, JJ., concur.

In an action to foreclose a mortgage, the defendant MD A. Islam appeals from an order of the Supreme Court, Queens County (Robert I. Caloras, J.), entered December 7, 2021. The order, insofar as appealed from, upon renewal, in effect, vacated a prior determination in an order of the same court entered April 12, 2019, granting the motion of the defendant MD A. Islam pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against him, and thereupon denied that...

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