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

2019-05648. Index No. 304/14.

201 A.D.3d 841 (2022)

157 N.Y.S.3d 393

2022 NY Slip Op 00331

U.S. Bank Trust, N.A., Respondent, v. Jean P. Johnson et al., Appellants, et al., Defendants.

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

Decided January 19, 2022.

Attorney(s) appearing for the Case

Biolsi Law Group, P.C., New York, NY (Steven Alexander Biolsi of counsel), for appellant.

Fein, Such & Crane, LLP, Westbury, NY (Michael S. Hanusek and Mehmet Basoglu of counsel), for respondent.

Connolly, J.P., Chambers, Hinds-Radix and Miller, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion of the defendants Jean P. Johnson and John Johnson which was pursuant to CPLR 5015(a)(4) to vacate the order and judgment of foreclosure and sale entered May 18, 2017, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with costs to the defendants Jean P. Johnson and John Johnson.

The plaintiff...

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