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LAKEVIEW LOAN SERVICING, LLC v. HURST

2017-08892, 2017-08894. Index No. 6157/14.

189 A.D.3d 1385 (2020)

134 N.Y.S.3d 792

2020 NY Slip Op 07878

Lakeview Loan Servicing, LLC, Respondent, v. Gabriella Hurst 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

Anthony J. LoPresti , Garden City, NY ( Gail M. Blasie of counsel), for appellants.

Schiller, Knapp, Lefkowitz & Hertzel, LLP, Latham, NY ( Gregory J. Sanda of counsel), for respondent.

Dillon, J.P., LaSalle, Barros and Christopher, JJ., concur.

Ordered that the appeal from the order entered June 27, 2017, 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 motion which were for summary judgment on the complaint insofar as asserted against the defendants Gabriella Hurst and Crystal Gay, to strike their answer, and for an order of reference is denied, those branches of the plaintiff's motion which were to confirm the...

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