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DEUTSCHE BANK NATL. TRUST CO. v. ELLIS

2022-02391, 2022-02392, Index No. 2728/13.

2024 NY Slip Op 01532

DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., Respondent, v. ELVIS ELLIS, Appellant, ET AL., Defendants.

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

Decided March 20, 2024.

Attorney(s) appearing for the Case

Michael Kennedy Karlson , New York, NY, for appellant.

Robertson Anschutz, Schneid, Crane & Partners, PLLC, Westbury, NY ( Joseph F. Battista and Sean Howland of counsel), for respondent.

Before: Francesca E. Connolly, J.P., Cheryl E. Chambers, Barry E. Warhit, Laurence L. Love, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Elvis Ellis appeals from two orders of the Supreme Court, Kings County (Mark I. Partnow, J.), both dated February 8, 2022. The orders, insofar as appealed from, granted those branches of the plaintiff's motion which were to vacate an order of the same court dated November 26, 2019, sua sponte, directing dismissal of the complaint, and to restore this action to the active calendar.

ORDERED...

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