State of New York Court of Appeals This memorandum is uncorrected and subject to revision before publication in the New York Reports.

No. 32 U.S. Bank National Association, &c., Respondent, v. DLJ Mortgage Capital, Inc., Appellant.

Richard A. Jacobsen, for appellant.

Hector J. Torres, for respondent.

Reargument ordered for a future Court session. Chief Judge DiFiore and Judges Rivera, Stein, Fahey and Garcia concur. Judge Wilson took no part.

Decided May 6, 2021