DITECH FINANCIAL, LLC v. KHAN

2019-01063, 2019-01064. Index No. 6075/10.

189 A.D.3d 1360 (2020)

139 N.Y.S.3d 293

2020 NY Slip Op 07865

Ditech Financial, LLC, Respondent, v. Mohammed S. Khan, Appellant, et al., Defendants.

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

Decided December 23, 2020.


Attorney(s) appearing for the Case

James J. Quail & Associates, P.C., Massapequa, NY, for appellant.

Knuckles, Komosinski & Manfro, LLP, Elmsford, NY ( Louis A. Levithan of counsel), for respondent.

Rivera, J.P., Austin, Cohen and Duffy, JJ., concur.


Ordered that the orders are reversed insofar as appealed from, on the law and in the exercise of discretion, with one bill of costs, those branches of the motion of BAC Home Loans Servicing, L.P., which were for summary judgment on the complaint insofar as asserted against the defendant Mohammed S. Khan, to strike that defendant's answer, and for an order of reference are denied, and that branch of that defendant's cross motion which was for leave to amend his answer is granted...

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