2016 NY Slip Op 01166
N.Y. App. Div. 2nd
2016

U.S. Bank National Association, Appellant, v Ezekiel Akande et al., Respondents, et al., Defendants.

2016 NY Slip Op 01166 [136 AD3d 887]

Appellate Division, Second Department

February 17, 2016

136 AD3d 887

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 23, 2016

Katten Muchin Rosenman LLP, New York, NY (Matthew D. Parrott and Allison M. Wuertz of counsel), for appellant.

Rosenberg & Estis, P.C., New York, NY (Dani Schwartz of counsel), for respondents.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Partnow, J.), dated October 13, 2013, which denied its motion for summary judgment on the complaint.

Ordered that the appeal is dismissed as academic, with costs, in light of our determination on the related appeal from an order of the Supreme Court, Kings County, dated July 21, 2014 (see U.S. Bank N.A. v Akande, 136 AD3d 887 [2016] [decided herewith]). Eng, P.J., Mastro, Cohen and Miller, JJ., concur.