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CAPITAL ONE N.A. v. EZKOR

2019-10240. Index No. 7706/13.

209 A.D.3d 823 (2022)

177 N.Y.S.3d 77

2022 NY Slip Op 05829

Capital One N.A., Appellant, v. Avraham Ezkor, Respondent, et al., Defendants.

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

Decided October 19, 2022.

Attorney(s) appearing for the Case

Knuckles, Komosinski & Manfro, LLP, Elmsford, NY (John Brigandi of counsel), for appellant.

Law Office of Susie Chovev Esq., PLLC, Woodmere, NY, for respondent.

Connolly, J.P., Rivera, Zayas and Ford, JJ., concur.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Noach Dear, J.), dated January 3, 2019. The order, insofar as appealed from, granted the motion of the defendant Avraham Ezkor, in effect, pursuant to CPLR 5015(a)(4) to vacate an order of reference of the same court dated September 20, 2016, and thereupon to dismiss the complaint insofar as asserted against it, inter alia, for lack of personal jurisdiction and as...

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