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HSBC BANK USA, N.A. v. CHERESTAL

2016-11838, 2018-07536. Index No. 511359/14.

178 A.D.3d 680 (2019)

113 N.Y.S.3d 206

2019 NY Slip Op 08660

HSBC Bank USA, National Association, Respondent, v. Antoine Y. Cherestal, Appellant, et al., Defendants.

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

Decided December 4, 2019.

Attorney(s) appearing for the Case

Berg & David, PLLC, Brooklyn, NY ( Abraham David , Madeline Greenblatt , and Sholom Wohlgelernter of counsel), for appellant.

Hogan Lovells US LLP, New York, NY ( David Dunn , Chava Brandriss , Leah Rabinowitz Lenz , Lisa J. Fried , and Leah Edmunds of counsel), for respondent.

Scheinkman, P.J., Rivera, Chambers and Brathwaite Nelson, JJ., concur.

Ordered that the appeal from the order dated September 6, 2016, 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 to confirm the referee's report and for a judgment of foreclosure and sale is denied, that branch of the cross motion of the defendant Antoine Y. Cherestal which was to reject the referee's report is granted, the referee's report is rejected, the order dated March...

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