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BANK OF NEW YORK v. PENALVER

2014-00684.

125 A.D.3d 796 (2015)

1 N.Y.S.3d 825

BANK OF NEW YORK, on Behalf of the Certificate Holders, CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2007-7, Respondent, v. JEAN PENALVER et al., Defendants, and JOSHUA NESBITT, Appellant.

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

Decided February 18, 2015.

Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the plaintiff's motion which were to dismiss the answer, and the first and third affirmative defenses, and substituting therefor a provision denying those branches of the plaintiff's motion; as so modified, the order is affirmed, without costs or disbursements.

Pursuant to CPLR 3211 (b), "[a] party may move for judgment...

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