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US BANK N.A. v. MENDELOVITZ

2018-02833. Index No. 10410/13.

189 A.D.3d 1307 (2020)

139 N.Y.S.3d 224

2020 NY Slip Op 07621

US Bank National Association, Appellant, v. Baruch Mendelovitz et al., Defendants, and Debbie Mendelovitz, Respondent.

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

Decided December 16, 2020.

Attorney(s) appearing for the Case

Shapiro, DiCaro & Barak, LLC, Rochester, NY ( Virginia C. Grapensteter and Austin T. Shufelt of counsel), for appellant.

Robinson Brog Leinwand Greene Genovese & Gluck, P.C., New York, NY ( Roger A. Raimond and Michael A. Eisenberg of counsel), for respondent.

Chambers, J.P., Roman, Hinds-Radix and Duffy, JJ., concur.

Ordered that the order dated December 15, 2017, is affirmed, with costs.

In June 2013, the plaintiff commenced this action to foreclose a mortgage against the defendants Debbie Mendelovitz (hereinafter Debbie) and Baruch Mendelovitz (hereinafter together the defendants), among others. The defendants served an answer to the complaint asserting various affirmative defenses, including the plaintiff's failure to comply with...

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