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HSBC BANK USA, N.A. v. MacPHERSON

2019-13745, 2020-05914. Index No. 32997/07.

210 A.D.3d 966 (2022)

180 N.Y.S.3d 171

2022 NY Slip Op 06694

HSBC Bank USA, National Association, Appellant, v. Donald MacPherson, Respondent, et al., Defendants. (Appeal No. 1.) HSBC Bank USA, National Association, Appellant, v. Donald MacPherson et al., Defendants. Sprint Capital, LLC, Nonparty Respondent. (Appeal No. 2.)

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

Decided November 23, 2022.

Attorney(s) appearing for the Case

Robertson, Anschutz, Schneid, Crane & Partners, PLLC, Westbury, NY (Joseph F. Battista and Leah Lenz of counsel), for appellant.

Warner & Scheuerman, New York, NY (Karl E. Scheuerman and Jonathon D. Warner of counsel), for defendant 324 Pond Co., Inc., and nonparty-respondent Sprint Capital, LLC.

Dillon, J.P., Christopher, Genovesi and Voutsinas, JJ. concur.

In an action to foreclose a mortgage, the plaintiff appeals from (1) an order of the Supreme Court, Suffolk County (Jeffrey Arlen Spinner, J.), dated December 8, 2015, and (2) an order of the same court (C. Randall Hinrichs, J.) dated September 11, 2019. The order dated December 8, 2015, denied the plaintiff's motion pursuant to CPLR 5015(a)(1) to vacate an order of the same court (Jeffrey Arlen Spinner, J.) dated November 21, 2012, which, sua sponte, directed dismissal of...

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