U.S. Bank National Association v Spence
Motion No: 2017-04014
Slip Opinion No: 2020 NY Slip Op 68805(U)
Decided on July 17, 2020
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M271924

E/sl

ALAN D. SCHEINKMAN, P.J.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

BETSY BARROS, JJ.

2017-04014

U.S. Bank National Association, etc., appellant,

v Lisa Spence, et al., defendants, Jaystone, LLC,

respondent.

(Index No. 32052/2008)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated February 16, 2017, which was determined by decision and order of this Court dated September 11, 2019. Motion by the respondent for leave to reargue the appeal or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to reargue is granted to the extent that the decision and order of this Court dated September 11, 2019, is amended by adding the following as the final paragraph of the decision: "The remaining contentions of Jaystone, LLC, are without merit."; and it is further,

ORDERED that the motion is otherwise denied.

SCHEINKMAN, P.J., HINDS-RADIX, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court