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U.S. BANK NATIONAL ASSOCIATION v. PERSAUD

2018-03788, Index No. 12981/12.

175 A.D.3d 1344 (2019)

105 N.Y.S.3d 893

2019 NY Slip Op 06528

U.S. BANK National Association, Respondent, v. Neville M. Persaud, et al., Appellants.

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

Decided September 11, 2019.

Attorney(s) appearing for the Case

David A. Bythewood , Mineola, NY, for appellants.

Rosicki, Rosicki & Associates, P.C., Plainview, NY ( Edward Rugino of counsel), for respondent.

Scheinkman, P.J., Cohen, Maltese and LaSalle, JJ., concur.

Ordered that the order dated January 5, 2018, is affirmed, with costs.

In 2012, the plaintiff commenced this action to foreclose a mortgage against Neville M. Persaud (hereinafter Neville), "John Does," and "Jane Does." Neville answered the complaint and asserted, inter alia, an affirmative defense that the plaintiff lacked standing. The plaintiff subsequently moved, inter alia, for summary judgment on the complaint insofar as asserted against Neville, to strike Neville...

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