U.S. BANK N.A. v. POOLE

2022-00975, Index No. 714032/20.

2024 NY Slip Op 01745

U.S. BANK NATIONAL ASSOCIATION, ETC., Respondent, v. VINCENT POOLE, ETC., Appellant, ET AL., Defendants.

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

Decided March 27, 2024.


Attorney(s) appearing for the Case

Brian McCaffrey , Jamaica, NY, for appellant.

Hinshaw & Culbertson LLP, New York, NY ( Victor L. Matthews , Edward K. Lenci , and Ashley R. Newman of counsel), for respondent.

Before: Colleen D. Duffy, J.P., Linda Christopher, William G. Ford, Janice A. Taylor, JJ.


DECISION & ORDER

In an action to foreclose a mortgage, the defendant Vincent Poole appeals from an order of the Supreme Court, Queens County (Denis J. Butler, J.), entered February 3, 2022. The order, insofar as appealed from, failed to determine that branch of that defendant's motion which was to toll interest and fees that had accrued on the subject mortgage loan.

ORDERED that the appeal is dismissed, with costs.

The plaintiff commenced this...

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