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U.S. BANK NA v. SCHAER

2020-00728, Index No. 51836/18.

2024 NY Slip Op 00445

U.S. BANK NA, ETC., Respondent, v. DONNA SCHAER, Appellant, ET AL., Defendant.

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

Decided January 31, 2024.

Attorney(s) appearing for the Case

Clair Gjertsen & Weathers PLLC, White Plains, NY ( Mary Aufrecht of counsel), for appellant.

Hinshaw & Culbertson LLP, New York, NY ( Brian S. McGrath of counsel), for respondent.

Before: Betsy Barros, J.P., Francesca E. Connolly, Robert J. Miller, Paul Wooten, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Donna Schaer appeals from an order of the Supreme Court, Westchester County (Charles D. Wood, J.), dated December 17, 2019. The order, insofar as appealed from, denied that defendant's cross-motion for summary judgment dismissing the complaint insofar as asserted against her and on her counterclaim pursuant to RPAPL 1501(4) to cancel and discharge of record the mortgage.

ORDERED that...

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