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HSBC BANK USA, N.A. v. SIMMS

2016-07445. Index No. 33094/09.

163 A.D.3d 933 (2018)

77 N.Y.S.3d 497

2018 NY Slip Op 05453

HSBC Bank USA, National Association, Respondent, v. Keith Simms et al., Defendants, and Michele M. Simms Parris, Appellant.

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

Decided July 25, 2018.

Ordered that the order dated April 7, 2016, is affirmed, with costs.

The background facts as to this action are set forth in this Court's decision and order on a companion appeal (see HSBC Bank USA, N.A. v Simms, 163 A.D.3d 930 [2018] [decided herewith]). Upon the failure of the defendant Michele M. Simms Parris (hereinafter the appellant) to provide court-ordered discovery, her answer and affirmative defenses were stricken...

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