HSBC BANK USA, NATIONAL ASSOCIATION v. BAZIGOS

2017-02225, Index No. 69187/13.

175 A.D.3d 1506 (2019)

109 N.Y.S.3d 381

2019 NY Slip Op 06757

HSBC Bank USA, National Association, Respondent, v. Michael N. Bazigos, Appellant, et al., Defendants.

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

Decided September 25, 2019.


Attorney(s) appearing for the Case

Stephen C. Silverberg, PLLC, Uniondale, NY, for appellant.

Hogan Lovells US LLP, New York, NY ( Heather R. Gushue , Allison J. Schoenthal , and Chava Brandriss of counsel), for respondent.

Rivera, J.P., Duffy, Connolly and Iannacci, JJ., concur.


Ordered that the order and judgment of foreclosure and sale is reversed, on the law, with costs, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Michael N. Bazigos and for an order of reference are denied, the plaintiff's motion for a judgment of foreclosure and sale is denied, and the orders dated March 11, 2016, are modified accordingly.

In September 2004, the defendant Michael N...

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