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HSBC BANK USA, NA v. SUNG EUN OH

2020-02039, Index No. 10719/10.

2024 NY Slip Op 01700

HSBC BANK USA, NA, ETC., Appellant, v. SUNG EUN OH, Respondent, ET AL., Defendants.

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

Decided March 27, 2024.

Attorney(s) appearing for the Case

Davidson Fink LLP, Rochester, NY ( Richard N. Franco of counsel), for appellant.

Before: Mark C. Dillon, J.P., Robert J. Miller, Barry E. Warhit, 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 (Lee A. Mayersohn, J.), dated September 4, 2018. The order denied the plaintiff's motion to vacate an order of the same court (Martin J. Schulman, J.) dated April 1, 2015, sua sponte, dismissing the action, and to restore the action to the court's calendar.

ORDERED that the order dated September 4, 2018, is reversed, on the law...

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