KEYBANK NATIONAL ASSOCIATION v. BARRETT

2017-08020. Index No. 35544/13.

178 A.D.3d 800 (2019)

114 N.Y.S.3d 451

2019 NY Slip Op 08835

KeyBank National Association, Respondent, v. Eugene Barrett et al., Appellants, et al., Defendants.

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

Decided December 11, 2019.


Attorney(s) appearing for the Case

Michael Kennedy Karlson , New York, NY, for appellants.

Shapiro, DiCaro & Barak, LLC (Reed Smith LLP, New York, NY [ Brian P. Matthews and Diane A. Bettino ], of counsel), for respondent.

Dillon, J.P., Cohen, Barros and Connolly, JJ., concur.


Ordered that the 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 Eugene Barrett and Hughenia Barrett and for an order of reference are denied, and the order dated August 19, 2016, is modified accordingly.

The plaintiff commenced this action to foreclose a mortgage given by the defendants Eugene Barrett and Hughenia...

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