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U.S. BANK NATIONAL ASSOCIATION v. NARAIN

2022-01647, Index No. 713155/20.

2024 NY Slip Op 00335

U.S. BANK NATIONAL ASSOCIATION, ETC., Respondent, v. BISSOON NARAIN, ET AL., Appellants, ET AL., Defendants.

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

Decided January 24, 2024.

Attorney(s) appearing for the Case

Queens Legal Services, Jamaica, NY ( Darlene Mottley and Michael Corcoran of counsel), for appellants.

Houser LLP, New York, NY ( Kathleen M. Massimo and Evan N. Soyer of counsel), for respondent.

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 defendants Bissoon Narain and Deoki Narain appeal from an order of the Supreme Court, Queens County (Kevin J. Kerrigan, J.), entered February 2, 2022. The order, insofar as appealed from, granted that branch of the plaintiff's motion which was pursuant to CPLR 3217(b) for leave to discontinue the action without prejudice, and denied the cross-motion of the defendants Bissoon Narain and Deoki Narain for...

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