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BANK OF N.Y. v. C & L INTERIORS, INC.

2010-09088. Index No. 3332/08.

168 A.D.3d 800 (2019)

92 N.Y.S.3d 322

2019 NY Slip Op 00253

Bank of New York, as Successor to JPMorgan Chase Bank, N.A., as Trustee for the Registered Holders of ABFS Mortgage Loan Trust 2001-1, Mortgage Pass-Through Certificates, Series 2001-1, Appellant, v. C and L Interiors, Inc., et al., Defendants, and Maria Sguera et al., Respondents.

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

Decided January 16, 2019.

Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the cross motion of the defendants Maria Sguera and Oronzo Sguera which were for leave to amend their answer to assert additional defenses of failure to comply with RPAPL 1304 and want of consideration, and substituting therefor a provision denying those branches of the cross motion; as so modified, the order is affirmed insofar as appealed from, without costs or...

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