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FLAGSTAR BANK, FSB v. HART

2016-10353. Index No. 4536/11.

184 A.D.3d 626 (2020)

123 N.Y.S.3d 515

2020 NY Slip Op 03217

Flagstar Bank, FSB, Respondent, v. Timothy K. Hart et al., Appellants, et al., Defendants.

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

Decided June 10, 2020.

Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants Timothy K. Hart and Marie C. Hart, for summary judgment dismissing the affirmative defense in those defendants' amended answer which alleged failure to provide notice in compliance with RPAPL 1303, and to appoint...

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