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US BANK N.A. v. PIERRE

2018-06856. Index No. 8094/12.

189 A.D.3d 1309 (2020)

139 N.Y.S.3d 221

2020 NY Slip Op 07622

US Bank National Association, Respondent, v. Natalie Pierre et al., Appellants, et al., Defendants.

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

Decided December 16, 2020.

Attorney(s) appearing for the Case

Alter & Barbaro, Brooklyn, NY ( Bernard M. Alter of counsel), for appellants.

Reed Smith LLP, New York, NY ( Andrew B. Messite and Brenda Beauchamp Ward of counsel), for respondent.

Chambers, J.P., Cohen, LaSalle and Iannacci, JJ., concur.

Ordered that the judgment of foreclosure and sale is reversed, on the facts, with costs, and the complaint insofar as asserted against the defendants Natalie Pierre and Nelly Thadal is dismissed.

In June 2012, the plaintiff commenced this action to foreclose a mortgage against, among others, the defendants Natalie Pierre and Nelly Thadal (hereinafter together the defendants). The defendants answered the complaint, raising, inter alia, the affirmative defenses of lack...

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