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CITIMORTGAGE, INC. v. BANKS

2016-05896, Index No. 3276/15.

155 A.D.3d 936 (2017)

64 N.Y.S.3d 121

2017 NY Slip Op 08257

CITIMORTGAGE, INC., Respondent, v. MICHAEL C. BANKS et al., Appellants, et al., Defendants.

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

Decided November 22, 2017.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action against, among others, the defendants Michael C. Banks and Tyra Banks (hereinafter together the defendants) to foreclose a mortgage. In their answer, the defendants asserted several affirmative defenses, including that the plaintiff failed to comply with RPAPL 1304. The plaintiff moved, inter alia, for summary judgment on the complaint insofar as asserted against...

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