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1507 REALTY SERVICES, LLC v. US BANK NATIONAL ASSOCIATION

2015-07777, Index No. 503933/14.

155 A.D.3d 927 (2017)

65 N.Y.S.3d 216

2017 NY Slip Op 08251

1507 REALTY SERVICES, LLC, et al., Respondents, v. US BANK NATIONAL ASSOCIATION, as Trustee, Successor in Interest to BANK OF AMERICA, NATIONAL ASSOCIATION, as Trustee, Successor by Merger to LASALLE BANK NATIONAL ASSOCIATION, as Trustee for BEARS STERNS ASSET BACKED SECURITIES 1 TRUST 2005-HE8 ASSET-BACKED CERTIFICATES, SERIES 2005-HE8, Appellant.

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

Decided November 22, 2017.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the defendant's motion which was pursuant to CPLR 3211 (a) to dismiss the third cause of action, and substituting therefor a provision granting that branch of the motion, and (2) by deleting the provisions thereof granting that branch of the plaintiffs' cross motion which was for summary judgment on the first cause of action...

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