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CITIMORTGAGE, INC. v. NIMKOFF

2018-09033, 2018-09037. Index No. 8816/12.

189 A.D.3d 763 (2020)

138 N.Y.S.3d 190

2020 NY Slip Op 07159

Citimortgage, Inc., Respondent, v. Ronald A. Nimkoff, Appellant, et al, Defendants.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Ronald A. Nimkoff, Syosset, NY, appellant pro se.

Akerman LLP, New York, NY ( Jordan M. Smith of counsel), for respondent.

Mastro, J.P., Leventhal, Hinds-Radix and Maltese, JJ., concur.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

The plaintiff commenced this action against the defendant Ronald A. Nimkoff (hereinafter the defendant) and others seeking to foreclose a mortgage on certain real property. The defendant joined issue by verified answer in which he raised affirmative defenses including failure to comply with the notice requirements of RPAPL 1304. Thereafter, the plaintiff moved, inter alia, for summary...

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