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EMIGRANT BANK v. ROSABIANCA

4227N. 850136/14.

156 A.D.3d 468 (2017)

67 N.Y.S.3d 175

2017 NY Slip Op 08716

EMIGRANT BANK, as Successor by Merger with EMIGRANT SAVINGS BANK-MANHATTAN, Respondent, v. LUIGI ROSABIANCA et al., Defendants, and CARMELO ROSABIANCA et al., Appellants.

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

Decided December 14, 2017.

Notwithstanding the Rosabiancas' sympathetic position, we conclude that the denial of their motion for relief under CPLR 3012 (d) was warranted for the reasons that follow.

I. Factual and Procedural Background

Since 1974, the Rosabiancas have owned and lived at the residential property located at 2342 Benson Avenue in Brooklyn. Allegedly without their knowledge, in 2008, the Rosabiancas' son, defendant...

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