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U.S. BANK N.A. v. SIMON

2020-09391, 2023-03988 Index No. 702414/16.

216 A.D.3d 1041 (2023)

191 N.Y.S.3d 61

2023 NY Slip Op 02702

U.S. Bank National Association, as Trustee for the Structured Asset Investment Loan Trust 2006-BNC3, Appellant, v. Robyn R. Simon, Respondent, et al., Defendants. Letitia James, Intervenor-Respondent.

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

Decided May 17, 2023.

Attorney(s) appearing for the Case

Reed Smith, LLP, New York, NY (Jennifer L. Neuner, Andrew B. Messite, and James N. Faller of counsel), for appellant.

Queens Legal Services, Jamaica, NY (Christopher Newton of counsel), for respondent.

Letitia James, Attorney General, New York, NY (Barbara D. Underwood, Ester Murdukhayeva, and Mark S. Grube of counsel), intervenor-respondent pro se.

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

In an action to foreclose a mortgage, the plaintiff appeals from (1) an order of the Supreme Court, Queens County (Pam B. Jackman-Brown, J.), entered December 7, 2020, and (2) an order of the same court entered January 25, 2021. The order entered December 7, 2020, insofar as appealed from, upon a decision of the same court entered February 25, 2020, granted those branches of the motion of the defendant Robyn R. Simon which were for summary judgment dismissing the complaint...

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