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U.S. BANK NATIONAL ASSOCIATION v. NARAIN

2021-05823, Index No. 26723/09.

2024 NY Slip Op 00334

U.S. BANK NATIONAL ASSOCIATION, ETC., Appellant, v. BISSOON NARAIN, ET AL., Respondents, ET AL., Defendants.

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

Decided January 24, 2024.

Attorney(s) appearing for the Case

Houser LLP, New York, NY ( David S. Yohay and Kathleen M. Massimo of counsel), for appellant.

Queens Legal Services, Jamaica, NY ( Randi Scherman and Darlene Mottley of counsel), for respondents.

Before: Angela G. Iannacci, J.P., Cheryl E. Chambers, Helen Voutsinas, Lourdes M. Ventura, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Queens County (Janice A. Taylor, J.), dated December 11, 2015. The order denied the plaintiff's motion to vacate an order of the same court (Martin J. Schulman, J.) dated June 4, 2014, sua sponte, directing dismissal of the complaint, to restore the action to the active calendar, for summary judgment on the complaint insofar as asserted against the...

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