BETHPAGE FEDERAL CREDIT UNION v. DRAB

2019-02372. Index No. 1766/16.

190 A.D.3d 678 (2021)

135 N.Y.S.3d 893

2021 NY Slip Op 00144

Bethpage Federal Credit Union, Appellant, v. John G. Drab et al., Defendants, and Joseph Drab, Respondent. Shirley Ann Andrews, Nonparty Respondent.

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

Decided January 13, 2021.


Attorney(s) appearing for the Case

RAS Boriskin, LLC, Westbury, NY ( Joseph F. Battista and Leah Lenz of counsel), for appellant.

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


Ordered that the order entered January 2, 2019, is reversed insofar as appealed from, on the law, with costs, the order dated May 10, 2018, is vacated, and the matter is remitted to the Supreme Court, Nassau County, for a new determination of the plaintiff's ex parte motion.

The plaintiff alleges that in July 2008, George A. Drab (hereinafter the decedent) and John G. Drab (hereinafter together the Drabs) executed a note in the sum of $364,000, which was secured by...

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