PENNYMAC CORP. v. KHAN

2017-00683, 2018-03785. Index No. 4624/13.

178 A.D.3d 1064 (2019)

2019 NY Slip Op 09278

PennyMac Corp., Respondent, v. Shahida Khan, Appellant, et al., Defendants.

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

Decided December 24, 2019.


Attorney(s) appearing for the Case

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

Akerman LLP, New York, NY ( Ashley S. Miller and Jordan M. Smith of counsel), for respondent.

Balkin, J.P., Cohen, Miller and LaSalle, JJ., concur.


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

Ordered that the judgment of foreclosure and sale is reversed, on the law, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Shahida Khan, to strike that defendant's answer, and to appoint a referee to the compute the amount due are denied, that branch of that defendant's cross motion which was for leave to amend...

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