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U.S. BANK NATIONAL ASSOCIATION v. DALLAS

2020-02638 Index No. 54355/17.

212 A.D.3d 680 (2023)

182 N.Y.S.3d 707

2023 NY Slip Op 00124

U.S. Bank National Association, Appellant, v. Helen B. Dallas, Respondent, et al., Defendants.

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

Decided January 11, 2023.

Attorney(s) appearing for the Case

McCalla Raymer Leibert Pierce, LLC, New York, NY (Brian P. Scibetta and Harold Kofman of counsel), for appellant.

Legal Services of the Hudson Valley, Peekskill, NY (Jared L. Gilman of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Chambers and Zayas, JJ., concur.

In an action, inter alia, to foreclose a mortgage, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Westchester County (Sam D. Walker, J.), dated January 8, 2020. The order and judgment, upon an order of the same court (Kathie E. Davidson, J.) dated July 19, 2019, inter alia, granting the motion of the defendant Helen B. Dallas to confirm a referee's report, pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against...

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