U.S. Bank National Ass'n v. Hurtado

OPINION OF THE COURT

Scott Fairgrieve, J.

Marigo and Peter Kangelaris move pursuant to CPLR 3211 to dismiss the petitioner’s holdover proceeding. Petitioner U.S. Bank National Association opposes the motion.

The petitioner is the owner of real property premises located at 37 Oceanview Avenue, Valley Stream, New York, by virtue of a foreclosure referee’s deed dated July 21, 2009 (affirmation in opposition, exhibit A) arising out of a judgment of foreclosure and sale entered by Nassau County Supreme Court on July 16, 2008 (affirmation in opposition, exhibit B). The petitioner served a 10-day…