BANK OF N.Y. MELLON v. PORFERT

2018-01447. Index No. 60242/14.

187 A.D.3d 1110 (2020)

134 N.Y.S.3d 57

2020 NY Slip Op 06083

Bank of New York Mellon, Respondent, v. Kenneth Porfert, Appellant, et al., Defendants.

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

Decided October 28, 2020.


Ordered that the order and judgment of foreclosure and sale is reversed, on the law, without costs or disbursements, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Kenneth Porfert, to strike that defendant's answer, and for an order of reference are denied, and the orders dated November 20, 2017, are modified accordingly.

On January 14, 2014, the plaintiff commenced this action against...

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