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JP MORGAN CHASE BANK, N.A. v. PHILLIPS-OSUJI

2013-00438

120 A.D.3d 1194 (2014)

991 N.Y.S.2d 775

2014 NY Slip Op 06057

JP MORGAN CHASE BANK, N.A., Respondent, v. CHRISTINE PHILLIPS-OSUJI et al., Defendants. SAMUEL OSUJI, Nonparty Appellant.

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

Decided September 10, 2014.

Ordered that the order is affirmed, without costs or disbursements.

On this record, we conclude that the Supreme Court's striking of the nonparty-appellant's answer was proper (see Matter of Friends World Coll. v Nicklin, 249 A.D.2d 393 [1998]).

Under the circumstances of this case, the Supreme Court providently exercised its discretion in enjoining the nonparty-appellant...

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