US BANK, N.A. v. ORLANDO

2021-07202, Index No. 610382/18.

2024 NY Slip Op 02078

US BANK, N.A., ETC., Respondent, v. STEVEN ORLANDO, ETC., ET AL., Defendants, JOHN DOE, ETC., Appellant.

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

Decided April 17, 2024.


Attorney(s) appearing for the Case

Hiller, P.C., New York, NY ( Michael S. Hiller of counsel), for appellant.

Davidson Fink LLP, Rochester, NY ( Todd Z. Marks of counsel), for respondent.

Before: Valerie Brathwaite Nelson, J.P., Robert J. Miller, Lara J. Genovesi, Lillian Wan, JJ.


DECISION & ORDER

In an action to foreclose a mortgage, the defendant Bradley Spitz, sued herein as John Doe, appeals from an order of the Supreme Court, Suffolk County (Robert F. Quinlan, J.), dated September 9, 2021. The order, insofar as appealed from, denied that defendant's cross-motion pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against him.

ORDERED that the order is affirmed insofar as appealed from, with costs.

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