HSBC Bank USA, NA v Gias
Motion No: 2020-00373
Slip Opinion No: 2021 NY Slip Op 61551(U)
Decided on February 10, 2021
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

M275139

E/sl

LEONARD B. AUSTIN, J.P.

ROBERT J. MILLER

HECTOR D. LASALLE

BETSY BARROS, JJ.

2020-00373, 2020-07927

HSBC Bank USA, NA, etc., respondent,

v Ahasan K. Gias, appellant-respondent,

et al., defendants; Beach 32 St, Inc.,

nonparty-respondent-appellant.

(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, and an order of the same court entered June 17, 2020. Motion by the respondent to dismiss the cross appeal on the ground that Beach 32 St, Inc., is not aggrieved by the judgment.

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.

AUSTIN, J.P., MILLER, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court