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U.S. BANK TRUST, N.A. v. CARTER

2016-02565, 2016-08766. Index No. 58033/13.

164 A.D.3d 539 (2018)

83 N.Y.S.3d 1

2018 NY Slip Op 05618

U.S. Bank Trust, N.A., as Trustee for Volt Asset Holdings NPL3, by Vericrest Financial, Inc., as its Attorney in Fact, Respondent, v. Brian Carter, Also Known as Brian M. Carter, Appellant, et al., Defendants.

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

Decided August 1, 2018.

Ordered that the order dated March 2, 2016, is affirmed insofar as appealed from, without costs or disbursements; and it is further,

Ordered that the order dated August 5, 2016, is modified, on the facts and in the exercise of discretion, by deleting the provision thereof denying that branch of the motion of the defendant Brian Carter which was for leave to amend his answer to add the affirmative defense of lack of standing, and substituting therefor a provision granting...

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