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US BANK NATIONAL ASSOCIATION v. CONROY

2015-07909 Index No. 1882/12.

160 A.D.3d 785 (2018)

71 N.Y.S.3d 382

2018 NY Slip Op 02496

US Bank National Association, as Trustee for Adjustable Rate Mortgage Trust 2005-10, Adjustable Rate Mortgage Backed Pass through Certificates, Series 2005-10, Respondent, v. Ada Conroy, Individually and as Trustee, et al., Appellants, et al., Defendants.

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

Decided April 11, 2018.

Motion by the plaintiff, inter alia, to dismiss the appeal on the ground that dismissal of a prior appeal for failure to perfect precludes consideration of the issues raised on this appeal pursuant to Bray v Cox (38 N.Y.2d 350 [1976]). By decision and order on motion of this Court dated March 8, 2016, that branch of the motion which is to dismiss the appeal was held in abeyance and referred to the panel of Justices hearing the appeal...

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