HSBC MTGE. CORP. (USA) v. GERBER

2011-04084.

100 A.D.3d 966 (2012)

HSBC MORTGAGE CORPORATION (USA), Respondent, v. DWORA GERBER, Appellant, et al., Defendants.

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

November 28, 2012.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment dismissing the verified answer of the defendant Dwora Gerber and on the complaint, and to appoint a referee to compute are denied.

The plaintiff commenced this action to foreclose a mortgage. In answering the complaint, the defendant Dwora Gerber (hereinafter the defendant) set forth several affirmative defenses...

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