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USB LEASING LT v. URENA

10168, 25876/18E.

176 A.D.3d 565 (2019)

108 N.Y.S.3d 842

2019 NY Slip Op 07549

USB Leasing LT, Appellant, v. Maritza Altagracia Urena et al., Defendants, and JR Inwood Parking & Dealer Corp., Respondent.

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

Decided October 22, 2019.

Attorney(s) appearing for the Case

RAS Boriskin, LLC, Westbury (Joseph F. Battista of counsel), for appellant.

Anton Antomattei, Carmel, for respondent.

Concur—Renwick, J.P., Gische, Tom, Gesmer, Moulton, JJ.

Although plaintiff, which was ordered to make personal service on or before May 29, 2018, may have complied with the strict terms of the interim stay order based its on nail-and-mail service in the afternoon of May 22, 2018 and its service on the Secretary of State on May 29, 2018, the court correctly denied the motion for a stay of the auction. Plaintiff was admittedly on notice that the auction was scheduled for 9:00 a.m. on...

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