U.S. Bank N.A. v Ehrenthal
2019 NY Slip Op 03681 [172 AD3d 491]
May 9, 2019
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 3, 2019


[*1]
 U.S. Bank National Association, as Trustee for Deutsche Alt-A Securities Inc. Mortgage Loan Trust, Respondent,
v
Samuel Ehrenthal, Appellant, et al., Defendants.

Menashe & Associates LLP, Montebello (Shoshana Schneider of counsel), for appellant.

Greenberg Traurig, LLP, New York (Steven Lazar of counsel), for respondent.

Order, Supreme Court, New York County (George J. Silver, J.), entered March 22, 2018, which granted plaintiff's motion for leave to amend the complaint, and denied defendant Samuel Ehrenthal's cross motion to dismiss the complaint pursuant to CPLR 3215 (c), unanimously affirmed, without costs.

The motion court providently exercised its discretion in granting plaintiff's motion for leave to amend its complaint (see CPLR 3025 [b]) and in denying defendant's motion to dismiss the claim as abandoned (see CPLR 3215 [c]). Concur—Friedman, J.P., Renwick, Kapnick, Kahn, Oing, JJ. [Prior Case History: 2018 NY Slip Op 30484(U).]