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BANKUNITED v. KAUR

2020-05191, 2020-05193, 2020-05194. Index No. 13305/10.

208 A.D.3d 622 (2022)

173 N.Y.S.3d 55

2022 NY Slip Op 04944

Bankunited, Plaintiff, v. Nirmal Kaur et al., Respondents, et al., Defendants. Castle Peak 2012-1 Loan Mortgage Backed Notes, Nonparty Appellant. (Appeal No. 1.). Castle Peak 2012-1 Loan Mortgage Backed Notes, Appellant, v. Nirmal Kaur et al., Respondents, et al., Defendants. (Appeal Nos. 2 and 3.)

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

Decided August 17, 2022.

Attorney(s) appearing for the Case

Berkman, Henoch, Peterson, Peddy & Fenchel, P.C., Garden City, NY (Rajdai D. Singh of counsel), for Castle Peak 2012-1 Loan Mortgage Backed Notes, nonparty-appellant in Appeal No. 1 and appellant in Appeals No. 2 and 3.

Vernita Charles, Brooklyn, NY, for respondents.

Dillon, J.P., Duffy, Maltese and Genovesi, JJ., concur.

Ordered that the appeal from the order dated March 8, 2017, is dismissed, as no appeal lies as of right from an order that does not decide a motion made on notice, and we decline to grant leave to appeal (see Deutsche Bank Natl. Trust Co. v Brown, 186 A.D.3d 1195 [2020]); and it is further,

Ordered that the order dated July 12, 2018, is reversed insofar as appealed from, on the law, and that branch of the plaintiff's motion which was to vacate the order dated...

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