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HSBC BANK, USA v. GIBATOV

2018-00922. Index No. 12545/07.

183 A.D.3d 555 (2020)

123 N.Y.S.3d 620

2020 NY Slip Op 02603

HSBC Bank, USA, Respondent, v. Yevgeniy Gibatov et al., Appellants, et al., Defendants.

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

Decided May 6, 2020.

Ordered that the order is affirmed, with costs.

On April 16, 2007, the plaintiff commenced this action against the defendants Yevgeniy Gibatov (hereinafter Gibatov) and Viktar Yedzinovich (hereinafter together the defendants), among others, to foreclose a mortgage encumbering certain real property located in Brooklyn (hereinafter the subject premises). On April 19, 2007, the plaintiff's process server purportedly served Gibatov by delivering a copy of the summons...

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