US BANK NATIONAL ASSOCIATION v. MADERO

2013-03639, Index No. 102965/08.

125 A.D.3d 757 (2015)

US BANK NATIONAL ASSOCIATION, as Trustee, Respondent, v. MIGUEL MADERO et al., Appellants, et al., Defendants.

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

Decided February 11, 2015.


Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the plaintiff's motion which were for summary judgment on the complaint, to strike the answer of the defendants Miguel Madero and Martha Madero, and for an order of reference, and substituting therefor a provision denying those branches of the motion; as so modified, the order is affirmed insofar as appealed from, with costs.

Generally, "[i]n residential mortgage...

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