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U.S. BANK N.A. v. SMITH

2021-07062. Index No. 69743/19.

221 A.D.3d 1043 (2023)

202 N.Y.S.3d 155

2023 NY Slip Op 06160

U.S. Bank National Association, Appellant, v. Shawnta Smith et al., Defendants, and Stephanie Davis, Respondent.

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

Decided November 29, 2023.

Attorney(s) appearing for the Case

Akerman LLP, New York, NY ( Jordan M. Smith of counsel), for appellant.

Stephanie Davis, New Rochelle, NY, respondent pro se.

Duffy, J.P., Iannacci, Christopher and Voutsinas, JJ., concur.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Westchester County (Linda S. Jamieson, J.), dated September 13, 2021. The order, insofar as appealed from, granted that branch of the motion of the defendant Stephanie Davis which was pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against her for lack of standing.

Ordered that the order is reversed insofar...

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