DEUTSCHE BANK NATIONAL TRUST CO. v. HIGGS

2019-01893, 2019-01896. Index No. 8850/13.

189 A.D.3d 1358 (2020)

134 N.Y.S.3d 783

2020 NY Slip Op 07864

Deutsche Bank National Trust Company, Respondent, v. Jeaun Steele Higgs et al., Appellants, et al., Defendants.

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

Decided December 23, 2020.


Attorney(s) appearing for the Case

R. David Marquez , P.C., Mineola, NY, for appellants.

Greenberg Traurig, LLP., New York, NY ( Marissa Banez of counsel), for respondent.

Rivera, J.P., Austin, Iannacci and Christopher, JJ., concur.


Ordered that the appeal from the order entered June 7, 2018, is dismissed; and it is further,

Ordered that the judgment of foreclosure and sale is reversed, on the law, those branches of the plaintiff's cross motion which were for summary judgment on the complaint insofar as asserted against the defendants Jeaun Steele Higgs and Alliston Higgs, for summary judgment dismissing those defendants' affirmative defenses, and for an order of reference are denied, the plaintiff...

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