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HSBC BANK USA, N.A. v. FORTINI

2019-01775, 2019-01776. Index No. 520835/16.

189 A.D.3d 1373 (2020)

138 N.Y.S.3d 570

2020 NY Slip Op 07873

HSBC Bank USA, National Association, Respondent, v. James Fortini et al., Defendants, and Courtwood Capital, LLC, Appellant.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

Einig & Bush LLP, New York, NY ( Dan Rice and Michael R. Bush , of counsel), for appellant.

McCalla Raymer Leibert Pierce, LLC, New York, NY ( Richard P. Haber of counsel), for respondent.

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

Ordered that the first order dated January 2, 2019, is modified, on the law, (1) by deleting the provision thereof granting those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Courtwood Capital, LLC, and for an order of reference, and substituting therefor a provision denying those branches of the plaintiff's motion, and (2) by deleting the provision thereof denying that branch of the cross motion...

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