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U.S. BANK NATIONAL ASSOCIATION v. CAREY

2015-05709, 2015-05710, Index No. 2173/13.

137 A.D.3d 894 (2016)

28 N.Y.S.3d 68

2016 NY Slip Op 01660

U.S. BANK NATIONAL ASSOCIATION, as Trustee, Successor in Interest to BANK OF AMERICA, NATIONAL ASSOCIATION, as Trustee as Successor by Merger to LASALLE BANK NA, as Trustee for WASHINGTON MUTUAL MORTGAGE PASS-THROUGH CERTIFICATES WMALT SERIES 2007-OC1TRUST, Appellant, v. ROBERT CAREY, Also Known as ROBERT J. CAREY, et al., Respondents, et al., Defendants.

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

Decided March 9, 2016.

Ordered that the order entered August 11, 2014 is reversed, on the law, the order entered March 19, 2015 is vacated, the complaint is reinstated, and the plaintiff's motion, inter alia, for an order of reference and for leave to enter a default judgment against the defendants Robert Carey, also known as Robert J. Carey, and Marie C. Carey, also known as Marie Carey, is granted; and it is further,

Ordered that the appeal from the order entered March 19, 2015 is dismissed...

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