PRIVATE CAPITAL GROUP, LLC v. HOSSEINIPOUR

2010-07099.

86 A.D.3d 554 (2011)

927 N.Y.S.2d 665

2011 NY Slip Op 5953

PRIVATE CAPITAL GROUP, LLC, Respondent, v. ESSY HOSSEINIPOUR et al., Defendants, and WELLS FARGO HOME MORTGAGE, INC., et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 12, 2011.


Ordered that the order is reversed insofar as appealed from, on the law, on the facts, and in the exercise of discretion, with costs, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants Wells Fargo Home Mortgage, Inc., and Wells Fargo Bank, N.A., to strike the affirmative defenses and counterclaims asserted by the defendant Wells Fargo Home Mortgage...

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