U.S. Bank National Association v DLJ Mortgage Capital Inc.

Motion No: M-384

Slip Opinion No: 2020 NYSlipOp 64409(U)

Decided on March 10, 2020

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

March 10, 2020

U.S. Bank National Association,

solely in its capacity as Trustee of

the Home Equity Asset Trust

2006-5 (HEAT 2006-5) etc., Plaintiff-Appellant,

v

DLJ Mortgage Capital, Inc.,

Defendant-Respondnet.

Defendant-respondent having moved for summary affirmation, or in the alternative, dismissal of the appeal, taken from an order of the Supreme Court, New York County, entered on or about November 25, 2019, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied without prejudice to defendant raising the issue directly on appeal. ENTERED: March 10, 2020

_____________________ DEPUTY CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman Angela M. Mazzarelli Troy K. Webber, Justices

M-384

Index No. 654652/19