U.S. Bank Trust, N.A. v. Davis , 2019 NY Slip Op 721 ( 2019 )

U.S. Bank Trust, N.A. v Davis (2019 NY Slip Op 00721)

U.S. Bank Trust, N.A. v Davis

2019 NY Slip Op 00721

Decided on February 1, 2019

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 1, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CARNI, J.P., LINDLEY, NEMOYER, CURRAN, AND TROUTMAN, JJ.

84 CA 18-01592

[*1]U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST, PLAINTIFF-APPELLANT,

v

KARI DAVIS, ET AL., DEFENDANTS, AND GUARDIAN PRESERVATION, LLC, DEFENDANT-RESPONDENT.

RAS BORISKIN, LLC, WESTBURY (CHRIS LESTAK OF COUNSEL), FOR PLAINTIFF-APPELLANT.

SANDRA S. POLAND DEMARS, ALBANY, FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered October 24, 2017. The order denied the motion of plaintiff for, inter alia, leave to serve an amended complaint.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: February 1, 2019

Mark W. Bennett

Clerk of the Court