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JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. HOSAIN

2016-11514, 2016-11515. Index No. 18306/09.

178 A.D.3d 785 (2019)

114 N.Y.S.3d 122

2019 NY Slip Op 08830

JPMorgan Chase Bank, National Association, Respondent, v. Mozamel Hosain, Appellant, et al., Defendants. Federal National Mortgage Association, Nonparty.

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

Decided December 11, 2019.

Attorney(s) appearing for the Case

Solomon Rosengarten , Brooklyn, NY, for appellant.

RAS Boriskin, LLC, Westbury, NY ( Joseph F. Battista of counsel), for nonparty Federal National Mortgage Association.

Balkin, J.P., Roman, Brathwaite Nelson and Christopher, JJ., concur.

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

Ordered that the first order is reversed insofar as appealed from, on the law, and that branch of the motion of the defendant Mozamel Hosain which was pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against him as abandoned is granted; and it is further,

Ordered that one bill of costs is awarded to the defendant Mozamel Hosain.

In July 2009...

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