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ONEWEST BANK, FSB v. MICHEL

2014-09108, Index No. 10961/09.

143 A.D.3d 869 (2016)

2016 NY Slip Op 06809

39 N.Y.S.3d 485

ONEWEST BANK, FSB, as Successor in Interest to INDYMAC BANK, FSB, Appellant, v. YVETTE MICHEL et al., Defendants, and CITIMORTGAGE, INC., Respondent.

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

Decided October 19, 2016.

Ordered that on the Court's own motion, the notice of appeal from so much of the order as, sua sponte, directed the dismissal of the complaint pursuant to CPLR 3215 (c) is deemed to be an application for leave to appeal from that portion of the order, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is modified, on the law, on the facts, and in the exercise of discretion...

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