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M&T BANK v. BIORDI

2017-04354, 2017-11336, Index No. 11691/14.

176 A.D.3d 1194 (2019)

111 N.Y.S.3d 384

2019 NY Slip Op 07775

M&T Bank, Respondent, v. Frank Biordi, 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

Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York, NY ( Virginia K. Trunkes , Andrew I. Bart , Paul N. Gruber , and David B. Rosenbaum of counsel), for appellant.

Cohn & Roth, Mineola, NY ( Michael Nayar of counsel), for respondent.

Chambers, J.P., Roman, Cohen and Duffy, JJ., concur.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the order and judgment of foreclosure and sale is reversed, on the law, the plaintiff's motion, inter alia, for summary judgment on the complaint insofar as asserted against the defendant Frank Biordi and for an order of reference is denied, the cross motion of the defendant Frank Biordi is granted to the extent that the matter is remitted to the

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