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

2016-08704. Index No. 705641/14.

167 A.D.3d 807 (2018)

89 N.Y.S.3d 717

2018 NY Slip Op 08528

U.S. Bank Trust, N.A., Appellant, v. Noam Aorta, Respondent, et al., Defendants.

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

Decided December 12, 2018.

Ordered that the order is affirmed insofar as appealed from, with costs.

In May 2008, the plaintiff's predecessor in interest commenced an action (hereinafter the 2008 action) against the defendant Noam Aorta (hereinafter the defendant) to foreclose a mortgage. By order dated December 12, 2013, the Supreme Court, upon the plaintiff's motion, discontinued that action.

In August 2014, the plaintiff commenced this action against the defendant, among others, to...

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