GOSHEN MTGE., LLC v. GIERTL

2019-01794.

180 A.D.3d 651 (2020)

115 N.Y.S.3d 694

2020 NY Slip Op 00847

Goshen Mortgage, LLC, Respondent, v. Jan Giertl, Appellant, et al., Defendant.

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

Decided February 5, 2020.


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 insofar as asserted against the defendant Jan Giertl, to strike that defendant's answer, and for an order of reference are denied, the plaintiff's motion for a judgment of foreclosure and sale is denied, and the order entered January 5, 2018, and the second order entered March 12, 2018, are...

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