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US BANK N.A. v. McQUEEN

2018-13588, 2019-00811. Index No. 3491/09.

189 A.D.3d 1117 (2020)

133 N.Y.S.3d 842

2020 NY Slip Op 07423

US Bank National Association, Respondent, v. Rhonda McQueen 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

Law Office of Gregory Bitterman, Wallkill, NY ( Gregory Bitterman of counsel), for appellants.

Friedman Vartolo LLP, New York, NY ( Oran Schwager of counsel), for respondent.

Scheinkman, P.J., Dillon, LaSalle and Christopher, JJ. concur.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the order and judgment of foreclosure and sale is reversed insofar as appealed from, on the law, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants Rhonda McQueen and Robert McQueen, striking the answer of those defendants, and for an order of reference are...

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