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CITIBANK, N.A. v. BALSAMO

2017-10985, Index No. 10074/12.

176 A.D.3d 775 (2019)

110 N.Y.S.3d 440

2019 NY Slip Op 07233

Citibank, N.A., Respondent, v. Don Balsamo et al., Appellants, et al., Defendants.

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

Decided October 9, 2019.

Attorney(s) appearing for the Case

Zimmerman Law, P.C., Huntington Station, NY ( Naomi Trainer of counsel), for appellants.

Eckert Seamans Cherin & Mellott, LLC, White Plains, NY ( Phionah Brown of counsel), for respondent.

Mastro, J.P., Balkin, Barros and Christopher, JJ., concur.

Ordered that the order is reversed, on the law, with costs, the plaintiff's motion pursuant to CPLR 306-b to extend its time to serve the defendants Don Balsamo and Janet L. Balsamo with the summons and complaint is denied, without prejudice to renew, following a hearing on the issue of whether the defendants Don Balsamo and Janet L. Balsamo were properly served with process, and the matter is remitted to the Supreme Court, Nassau County, for a hearing on the issue of whether...

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