Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Jeffrey Herzberg, to strike that defendant's answer, and for an order of reference are denied.
In December 2014, the plaintiff commenced this mortgage foreclosure action against the defendant Jeffrey Herzberg (hereinafter the defendant) and others...
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