HSBC Bank USA, NA v Gias
Motion No: 2020-00373
Slip Opinion No: 2020 NY Slip Op 69149(U)
Decided on July 27, 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

M272107

MB/

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2020-00373

HSBC Bank USA, NA, etc., respondent,

v Ahasan K. Gias, et al., appellant-respondent,

Beach 32 St Inc., respondent-appellant,

et al., defendants.

(Index No. 5964/2008)

DECISION & ORDER ON MOTION

Appeal and cross appeal from a judgment of the Supreme Court, Queens County, entered September 27, 2019. Motion by the respondent to dismiss the appeal on the ground that no appeal lies from a judgment entered upon the default of the appealing party.

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

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal and cross appeal for determination upon the argument or submission thereof.

RIVERA, J.P., ROMAN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court