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BANK OF AM., N.A. v. MOORE

2022-01621, Index No. 5651/08.

2024 NY Slip Op 00754

BANK OF AMERICA, N.A., Respondent, v. LORRI MOORE, ET AL., Defendants; SPRINT CAPITAL, LLC, Nonparty-Appellant.

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

Decided February 14, 2024.

Attorney(s) appearing for the Case

Warner & Scheuerman, New York, NY ( Jonathon D. Warner and Karl E. Scheuerman of counsel), for nonparty-appellant.

Friedman Vartolo LLP, New York, NY ( Zachary Gold of counsel), for respondent.

Before: Valerie Brathwaite Nelson, J.P., Paul Wooten, Lillian Wan, Laurence L. Love, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, nonparty Sprint Capital, LLC, appeals from an order of the Supreme Court, Suffolk County (Thomas F. Whelan, J.), dated March 4, 2022. The order denied that nonparty's motion pursuant to CPLR 5015(a)(3) and (4) to vacate an order and judgment of foreclosure and sale (one paper) of the same court entered June 23, 2020, and pursuant to CPLR 3211(a)(10) to dismiss the complaint for failure to join a necessary...

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