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FIRST AM. TIT. INS. CO. v. HOLOHAN

2018-01496. Index No. 619408/16.

189 A.D.3d 1180 (2020)

138 N.Y.S.3d 618

2020 NY Slip Op 07547

First American Title Insurance Company, Respondent, v. Raymond T. Holohan et al., Appellants.

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

Decided December 16, 2020.

Attorney(s) appearing for the Case

Jeffrey Herzberg , P.C., Hauppauge, NY, for appellants.

Salamon, Gruber, Blaymore & Strenger, P.C., Roslyn Heights, NY ( Sanford Strenger and Elizabeth Tobio of counsel), for respondent.

Mastro, J.P., Roman, Maltese and Barros, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the defendants' motion which were pursuant to CPLR 3211(a) to dismiss the complaint, and substituting therefor a provision granting those branches of the defendants' motion; as so modified, the order is affirmed, with costs to the defendants.

On June 7, 2001, the defendants Raymond T. Holohan and Carol Holohan obtained a home equity line of credit (hereinafter...

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