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U.S. BANK N.A. v. MARTINEZ

381315/13, 6912A, 6912.

162 A.D.3d 528 (2018)

79 N.Y.S.3d 144

2018 NY Slip Op 04513

U.S. Bank N.A., Appellant, v. Diana Martinez et al., Defendants. Rafael Badalov et al., Intervenors-Respondents.

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

Decided June 19, 2018.

This appeal is not moot, since the relief plaintiff seeks is at least theoretically available (Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach, 98 N.Y.2d 165, 172 [2002]).

The appeal from the July 13, 2017 order, which denied renewal, is properly before this Court (CPLR 5701 [a] [2] [viii]).

The motion court's determination is supported by a fair interpretation of the evidence and will not be disturbed...

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