ONEWEST BANK, FSB v. RODRIGUEZ

2017-07168, Index No. 23664/10.

171 A.D.3d 772 (2019)

97 N.Y.S.3d 197

2019 NY Slip Op 02532

OneWest Bank, FSB, Respondent, v. Jose Rodriguez, Appellant, et al., Defendants.

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

Decided April 3, 2019.


Ordered that order is affirmed, with costs.

In September 2010, the plaintiff commenced this action to foreclose a mortgage against, among others, the defendant Jose Rodriguez (hereinafter the defendant). The defendant answered the complaint, asserting several affirmative defenses and counterclaims, to which the plaintiff replied. Subsequently, the plaintiff moved, inter alia, for summary judgment on the complaint insofar as asserted against the defendant, to strike...

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