KATZ v. MILLER


120 A.D.3d 768 (2014)

991 N.Y.S.2d 346

2014 NY Slip Op 05957

LESLIE KATZ et al., Appellants, v. JEFFERSON MILLER et al., Defendants, JOHN TOPPIN, Also Known as JOHN W. TOPPIN, et al., Respondents.

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

Decided August 27, 2014.


In an action to foreclose a mortgage, the plaintiffs appeal from so much of an order of the Supreme Court, Queens County (Greco, Jr., J.), entered July 30, 2013, as denied those branches of their motion which were for summary judgment on the complaint insofar as asserted against the defendants John Toppin, also known as John W. Toppin, and Pearline Toppin, striking their affirmative defenses, and dismissing their counterclaims.

Ordered that the order is modified,...

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