CAPITAL ONE, N.A. v. GOKHBERG

2018-10092. Index No. 503995/13.

189 A.D.3d 978 (2020)

133 N.Y.S.3d 902

2020 NY Slip Op 07345

Capital One, N.A., Respondent, v. Yury Gokhberg et al., Appellants, et al., Defendants.

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

Decided December 9, 2020.


Attorney(s) appearing for the Case

Tsyngauz & Associates, P.C., New York, NY ( Matthew C. Schwartz and Roman Kopelevich of counsel), for appellants.

Woods Oviatt Gilman, LLP, Rochester, NY ( Michael Jablonski of counsel), for respondent.

Rivera, J.P., Austin, Cohen and Duffy, JJ., concur.


Ordered that the order and judgment of foreclosure and sale is reversed, on the law, with costs, the plaintiff's motion for leave to enter a default judgment and for an order of reference is denied, and the orders dated December 26, 2017, are modified accordingly.

In July 2013, the plaintiff commenced this foreclosure action against the defendants Yury Gokhberg and Tatyana Gavrikova (hereinafter together the defendants), among others, alleging that the defendants...

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