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HSBC BANK USA, N.A. v. JEAN

2016-05482. Index No. 10434/12.

165 A.D.3d 632 (2018)

85 N.Y.S.3d 125

2018 NY Slip Op 06517

HSBC Bank USA, N.A., as Trustee for the Registered Holders of Nomura Home Equity Loan, Inc., Asset-Backed Certificates, Series 2007-3, Respondent, v. Jocelyn Jean, Appellant, et al., Defendants.

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

Decided October 3, 2018.

Ordered that the judgment of foreclosure and sale is reversed, on the law, with costs, the plaintiff's motion for a judgment of foreclosure and sale is denied, that branch of the cross motion of the defendant Jocelyn Jean which was pursuant to CPLR 3215 (c) to dismiss the complaint insofar as asserted against him as abandoned is granted, and the order dated April 12, 2016, is modified accordingly.

In March 2012, the plaintiff commenced this action against Jocelyn...

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