HSBC BANK USA, N.A. v. SANDOVAL

2018-14792. Index No. 31782/15.

190 A.D.3d 844 (2021)

136 N.Y.S.3d 774

2021 NY Slip Op 00303

HSBC Bank USA, National Association, Respondent, v. Morris Sandoval, Appellant, et al., Defendants.

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

Decided January 20, 2021.


Attorney(s) appearing for the Case

Zerrilli & Associates, P.C., New City, NY ( Joseph M. Becker of counsel), for appellant.

Gross Polowy, LLC, Westbury, NY ( John Ricciardi and Stephen J. Vargas of counsel), for respondent.

Mastro, A.P.J., Chambers, Iannacci and Wooten, JJ., concur.


Ordered that the order and judgment of foreclosure and sale is reversed, 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 Morris Sandoval, to strike that defendant's affirmative defenses, and for an order of reference are denied, and the order dated May 22, 2018, is modified accordingly.

For reasons set forth in

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