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ONEWEST BANK, FSB v. KAUR

2017-00543, Index No. 15803/09.

172 A.D.3d 1392 (2019)

99 N.Y.S.3d 637

2019 NY Slip Op 04183

Onewest Bank, FSB, Respondent, v. Rani Kaur, Appellant, et al., Defendants.

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

Decided May 29, 2019.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court's determination granting the plaintiff's motion to restore the action to the active calendar. CPLR 3404 does not apply to this pre-note of issue action (see WM Specialty Mtge., LLC v Palazzollo, 145 A.D.3d 714, 715 [2016]; JPMorgan Chase Bank, N.A. v Mehrnia, 143 A.D.3d 946, 947 [2016]; Bank of N.Y...

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