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BANK OF N.Y. MELLON v. SIMMONS

1413 CA 18-01110.

169 A.D.3d 1446 (2019)

93 N.Y.S.3d 494

2019 NY Slip Op 00792

The Bank of New York Mellon, Formerly Known as The Bank of New York, as Successor Trustee for JPMorgan Chase Bank, N.A., as Trustee for the Benefit of the Certificate Holders of Equity One ABS, Inc., Mortgage Pass-Through Certificates Series 2004-3, Respondent, v. James C. Simmons, Appellant, et al., Defendants.

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

Decided February 1, 2019.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this residential foreclosure action, we reject the contention of James C. Simmons (defendant) that Supreme Court erred in granting plaintiff's motion for, inter alia, summary judgment on the complaint and an order of reference and in denying defendant's pro se cross motion for, inter alia, summary judgment dismissing...

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