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WILMINGTON SAVINGS FUND, FSB v. PETERS

2018-07830, 2018-07831, 2019-13866. Index No. 2837/16.

189 A.D.3d 937 (2020)

138 N.Y.S.3d 193

2020 NY Slip Op 07248

Wilmington Savings Fund, FSB, Respondent, v. Bernard Peters et al., Appellants.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Rubin & Licatesi, P.C., Garden City, NY ( Richard H. Rubin and Jeanine A. Oberster of counsel), for appellants.

Berkman, Henoch, Peterson, Peddy & Fenchel, P.C., Garden City, NY ( Evelyn P. Flores of counsel), for respondent.

Balkin, J.P., Austin, LaSalle and Iannacci, JJ., concur.

Ordered that the appeals from the orders entered April 4, 2018, are dismissed; and it is further,

Ordered that the judgment of foreclosure and sale is reversed, on the law, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants Bernard Peters and Arleen Peters, to strike those defendants' answer, and for an order of reference are denied, and the orders entered April 4, 2018, are modified...

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