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U.S. BANK N.A. v. CALLENDER

2017-10579, Index No. 11289/14.

176 A.D.3d 1249 (2019)

111 N.Y.S.3d 65

2019 NY Slip Op 07806

U.S. Bank National Association, Respondent, v. Carol Callender et al., Appellants, et al., Defendants.

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

Decided October 30, 2019.

Attorney(s) appearing for the Case

Biolsi Law Group, P.C., New York, NY ( Steven Alexander Biolsi and Aveet Basnyat of counsel), for appellants.

Knuckles, Komosinski & Manfro, LLP, Elmsford, NY ( Loretta Carty of counsel), for respondent.

Scheinkman, P.J., Roman, Miller and Connolly, 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 defendants Carol Callender and Wayne Callender, to strike their answer, and for an order of reference are denied, the plaintiff's motion to confirm the referee's report and for a judgment of foreclosure and sale is denied, and the order entered November 17...

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