US BANK NATIONAL ASSOCIATION v. ARNAN

2016-09376. Index No. 16379/09.

167 A.D.3d 809 (2018)

87 N.Y.S.3d 490

2018 NY Slip Op 08529

US Bank National Association, as Trustee for CSMC Mortgage-Backed Pass-Through Certificates, Series 2006-7, Respondent, v. Amir Arnan, Appellant, et al., Defendant.

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

Decided December 12, 2018.


Ordered that the judgment of foreclosure and sale is reversed, on the law, with costs, the plaintiff's motion, inter alia, for summary judgment on the complaint and for an order of reference is denied, and the order dated July 9, 2015, is modified accordingly.

In August 2009, the plaintiff commenced this action to foreclose a mortgage executed by the defendant Amir Arnan (hereinafter the defendant). The defendant interposed an answer in which he asserted various affirmative...

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