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HEITNER v. CAPITAL ONE, NATL. ASSN.

2021-01146, 2021-04343, Index No. 602920/19.

2024 NY Slip Op 02175

WALTER HEITNER, JR., ET AL., Respondents, v. CAPITAL ONE, NATIONAL ASSOCIATION, ETC., ET AL., Defendants, DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., Appellant.

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

Decided April 24, 2024.

Attorney(s) appearing for the Case

Robertson, Anschutz, Schneid, Crane & Partners, PLLC, Westbury, NY ( Joseph F. Battista of counsel), for appellant.

PM Law P.C., New York, NY ( Pankaj Malik of counsel), for respondents.

Before: Angela G. Iannacci, J.P., Linda Christopher, Paul Wooten, Janice A. Taylor, JJ.

DECISION & ORDER

In an action pursuant to RPAPL 1501(4) to cancel and discharge of record a mortgage, the defendant Deutsche Bank National Trust Company appeals from (1) an order of the Supreme Court, Nassau County (Julianne T. Capetola, J.), entered February 4, 2021, and (2) an order of the same court entered May 12, 2021. The order entered February 4, 2021, (1) denied that defendant's motion pursuant to CPLR 5015(a) to vacate a judgment of the same court entered...

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