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BANK OF N.Y. MELLON v. ETTINGER

2017-11515, Index No. 1107/15.

176 A.D.3d 1152 (2019)

111 N.Y.S.3d 340

2019 NY Slip Op 07759

Bank of New York Mellon, Respondent, v. Michael L. Ettinger, Appellant, et al., Defendants.

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

Decided October 30, 2019.

Attorney(s) appearing for the Case

Law Office of Maggio & Meyer, PLLC, Bohemia, NY ( Holly C. Meyer of counsel), for appellant.

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

Mastro, J.P., Dillon, Brathwaite Nelson and Iannacci, JJ., concur.

Ordered that the order and judgment of foreclosure and sale is reversed insofar as appealed from, 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 L. Ettinger, to strike that defendant's answer, and for an order of reference, and the plaintiff's separate motion to confirm the referee's report and for a judgment of...

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