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U.S. BANK N.A. v. GOLDBERG

2017-02986, Index No. 18761/10.

171 A.D.3d 981 (2019)

97 N.Y.S.3d 714

2019 NY Slip Op 02741

U.S. Bank National Association, Respondent, v. Ira Goldberg, Appellant, et al., Defendants.

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

Decided April 10, 2019.

Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion, inter alia, for summary judgment on the complaint and for an order of reference is denied.

The plaintiff commenced this action against the defendant Ira Goldberg (hereinafter the defendant), and others, to foreclose a mortgage. The defendant interposed an answer which, inter alia, denied the plaintiff's allegation that the plaintiff had complied with the requirements of RPAPL 1304...

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