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U.S. BANK N.A. v. MAHER

2020-07471. Index No. 500063/17.

219 A.D.3d 1372 (2023)

196 N.Y.S.3d 127

2023 NY Slip Op 04612

U.S. Bank National Association, Appellant, v. Jennifer A. Maher et al., Respondents, et al., Defendants.

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

Decided September 13, 2023.

Attorney(s) appearing for the Case

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

Law Office of James Marsico, PLLC (Joseph E. Ruyack III, Chester, NY, of counsel), for respondents.

Brathwaite Nelson, J.P., Chambers, Dowling and Warhit, JJ., concur.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Putnam County (Sam D. Walker, J.), dated August 7, 2020. The order denied the plaintiff's motion, in effect, pursuant to CPLR 4403 to reject the report of a referee (Erin Noelle Guven, Ct. Atty. Ref.) dated December 9, 2019, made after a nonjury trial, determining that the plaintiff failed to comply with RPAPL 1304 and recommending that the complaint be dismissed insofar as asserted...

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