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

2016-09370, Index No. 9545/14.

173 A.D.3d 811 (2019)

103 N.Y.S.3d 98

2019 NY Slip Op 04445

U.S. Bank Trust, N.A., Respondent, v. Harriet N. Humphrey et al., Defendants, and Lionel Humphrey, Appellant.

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

Decided June 5, 2019.

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

The plaintiff, US Bank Trust, N.A. (hereinafter US Bank), commenced this action in October 2014 to foreclose a mortgage, against, among others, the defendant Lionel Humphrey (hereinafter the defendant). The defendant moved, inter alia, pursuant to RPAPL 1301(3) and CPLR 3211(a)(1) to dismiss the complaint on the ground that there was another action pending to foreclose upon the same mortgage...

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