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HSBC BANK USA, N.A. v. GRELLA

2017-10856, Index No. 607910/17.

176 A.D.3d 924 (2019)

111 N.Y.S.3d 310

2019 NY Slip Op 07388

HSBC Bank USA, National Association, Appellant, v. Lucia Grella, Respondent, et al., Defendants.

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

Decided October 16, 2019.

Attorney(s) appearing for the Case

Shapiro, DiCaro & Barak, LLC, Rochester, NY ( Austin T. Shufelt of counsel), for appellant.

Peter Panaro , Massapequa, NY, for respondent.

Austin, J.P., Leventhal, Roman and Miller, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Lucia Grella pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against her is denied.

In 2007, nonparty MortgageIT loaned the defendant Lucia Grella the sum of $424,000. Grella executed a promissory note evidencing the loan, and secured the loan with a mortgage on real property owned by Grella. On October 1, 2010, Grella defaulted in making her monthly mortgage...

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