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HSBC BANK USA, N.A. v. PANTEL

Index No. 59123/17, 2018-03547.

179 A.D.3d 650 (2020)

116 N.Y.S.3d 336

2020 NY Slip Op 00109

HSBC Bank USA, National Association, Appellant, v. Marc Pantel et al., Respondents, et al., Defendants.

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

Decided January 8, 2020.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendants Marc Pantel and Carol Pantel pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against them is denied.

In 2013, the plaintiff commenced an action (hereinafter the prior action) to foreclose a mortgage securing a consolidated note executed by the defendants Marc Pantel and Carol Pantel (hereinafter together the defendants). The defendants interposed an...

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