WELLS FARGO BANK, N.A. v. RIOS

2015-10480, 2015-10486 Index No. 15440/13.

160 A.D.3d 912 (2018)

74 N.Y.S.3d 321

2018 NY Slip Op 02668

Wells Fargo Bank, N.A., Respondent, v. Edna Rios, Respondent, and Patrick Nurse et al., Appellants, et al., Defendant. (And a Third-Party Action.).

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

Decided April 18, 2018.


Ordered that the first order dated August 12, 2015, is reversed insofar as appealed from, on the law, and those branches of the plaintiff's motion pursuant to CPLR 3211 (b) which were to dismiss the first and seventh affirmative defenses asserted in the appellants' respective answers are denied; and it is further,

Ordered that the second order dated August 12, 2015, is reversed, on the law, and the motion of the defendant Edna Rios pursuant to CPLR 3211 (a) (7) to...

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