BANK OF NEW YORK MELLON v. BARKAN

2018-08562. Index No. 67741/14.

190 A.D.3d 676 (2021)

135 N.Y.S.3d 910

2021 NY Slip Op 00143

Bank of New York Mellon, Respondent, v. Steve Barkan et al., Appellants, et al., Defendants.

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

Decided January 13, 2021.


Attorney(s) appearing for the Case

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

Locke Lord LLP, New York, NY ( Joseph N. Froehlich and Andrew Braunstein of counsel), for respondent.

Austin, J.P., Miller, Brathwaite Nelson and Wooten, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff, as the successor in interest to the holder of a certain note and mortgage, commenced this action against, among others, the defendants Steve Barkan and Janice Barkan (hereinafter together the defendants) to foreclose the mortgage. The defendants interposed an answer in which they asserted various affirmative defenses, including that the plaintiff lacked standing and failed to comply...

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