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U.S. BANK TRUST, N.A. v. SADIQUE

2017-00936. Index No. 11173/09.

178 A.D.3d 984 (2019)

2019 NY Slip Op 09054

U.S. Bank Trust, N.A., Respondent, v. Iffat Ara Sadique et al., Appellants.

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

Decided December 18, 2019.

Attorney(s) appearing for the Case

Petroff Amshen LLP, Brooklyn, NY ( Serge F. Petroff , Steven Amshen , and James Tierney of counsel), for appellants.

Gross Polowy, LLC, Westbury, NY ( Stephen J. Vargas and Dyzio J. Guzierowicz of counsel), for respondent.

Chambers, J.P., Austin, LaSalle and Barros, 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 and to appoint a referee to compute the amount due to the plaintiff are denied, the plaintiff's motion for a judgment of foreclosure and sale is denied, and the order entered October 25, 2016, is modified accordingly.

In June 2009, the plaintiff's predecessor in interest commenced...

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