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U.S. BANK N.A. v. HUNTE

2020-03249. Index No. 521272/18.

215 A.D.3d 887 (2023)

188 N.Y.S.3d 92

2023 NY Slip Op 02022

U.S. Bank National Association, Respondent, v. Adrian Hunte et al., Defendants, and John Surita et al., Appellants.

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

Decided April 19, 2023.

Attorney(s) appearing for the Case

Law Office of Alan J. Sasson P.C., Brooklyn, NY, for appellants.

McCalla Raymer Leibert Pierce, LLC, New York, NY (Margaret S. Stefandl of counsel), for respondent.

Connolly, J.P., Miller, Ford and Voutsinas, JJ., concur.

In an action to foreclose a mortgage, the defendants John Surita and Migdalia Surita appeal from an order of the Supreme Court, Kings County (Noach Dear, J.), dated December 17, 2019. The order, insofar as appealed from, granted those branches of the plaintiff's motion which were for leave to enter a default judgment against those defendants and for an order of reference, and, in effect, denied those defendants' cross-motion pursuant to CPLR 5015(a)(1) to vacate their default...

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