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U.S. BANK TRUST N.A. v. AUXILA

2018-02474. Index No. 612935/15.

189 A.D.3d 1514 (2020)

139 N.Y.S.3d 236

2020 NY Slip Op 07945

U.S. Bank Trust N.A., Respondent, v. Guy Auxila, 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

Jeffrey Herzberg , P.C., Hauppauge, NY, for appellant.

Cohn & Roth, LLC, Mineola, NY ( Edward C. Klein of counsel), for respondent.

Rivera, J.P., Roman, Cohen and Hinds-Radix, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Guy Auxila, to strike his answer, and for an order of reference are denied, and an order of reference of the same court, also dated November 16, 2017, is vacated.

The plaintiff commenced this action against, among others, the defendant Guy Auxila (hereinafter...

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