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RHOE v. REID

2016-03659, 2016-03660. Index Nos. 601531/14, 6328/14.

166 A.D.3d 919 (2018)

88 N.Y.S.3d 564

2018 NY Slip Op 08049

Sheryl Rhoe, Respondent, v. Patricia Reid, Respondent, et al., Defendant. (Action No. 1.) Bank of New York Mellon Trust Company, N.A., as Trustee on Behalf of CWABS, Inc., Asset-Backed Certificates Trust 2005-9, Appellant, v. Patricia Reid et al., Respondents, et al., Defendant. (Action No. 2.)

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

Decided November 21, 2018.

Ordered that the order dated May 12, 2015, is affirmed insofar as appealed from, without costs or disbursements; and it is further,

Ordered that the order dated January 22, 2016, is modified, on the law, (1) by deleting the provision thereof granting those branches of the cross motion of Sheryl Rhoe, sued in Action No. 2 as John Doe #1, which were pursuant to CPLR 3211 (a) (8) and (10) to dismiss the complaint in Action No. 2, and substituting therefor a provision...

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