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HSBC BANK USA, N.A. v. BAYCHU

2017-09281, Index No. 700450/16.

181 A.D.3d 797 (2020)

118 N.Y.S.3d 434

2020 NY Slip Op 01911

HSBC Bank USA, National Association, as Trustee for Mortgage Pass-Through Certificates, MANA Series 2007-OAR2, Respondent, v. Alfred Baychu et al., Appellants, et al., Defendants.

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

Decided March 18, 2020.

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 defendants Alfred Baychu and Leeta Baychu and for an order of reference are denied.

For reasons set forth in Bank of N.Y. Mellon v Gordon (171 A.D.3d 197, 208-209 [2019]), we find that the plaintiff failed to establish, prima facie, that the defendants...

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