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BAYVIEW LOAN SERVICING, LLC v. KELLY

2016-12999, 2017-10588. Index No. 30989/15.

166 A.D.3d 843 (2018)

87 N.Y.S.3d 569

2018 NY Slip Op 08006

Bayview Loan Servicing, LLC, Plaintiff, v. Carol A. Kelly et al., Appellants, et al., Defendants. Kondaur Capital Corporation, Nonparty Respondent.

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

Decided November 21, 2018.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the order and judgment of foreclosure and sale is reversed, on the law, those branches of the motion of the nonparty, Kondaur Capital Corporation, which were for summary judgment on the complaint insofar as asserted against the defendants Carol A. Kelly and Thomas E. Kelly, to strike their answer and affirmative defenses, and for an order of reference are denied, and the order dated...

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