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HSBC BANK USA, N.A. v. CHABOT

2019-06615. Index No. 5367/14.

191 A.D.3d 648 (2021)

140 N.Y.S.3d 584

2021 NY Slip Op 00548

HSBC Bank USA, National Association, Appellant, v. Albert Chabot, Respondent, et al., Defendants.

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

Decided February 3, 2021.

Attorney(s) appearing for the Case

Gross Polowy, LLC, Westbury, NY ( Stephen J. Vargas of counsel), for appellant.

Citak & Citak, New York, NY ( Donald L. Citak of counsel), for respondent.

Rivera, J.P., Duffy, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Albert Chabot and for an order of reference are granted.

In August 2006, Den Ashkenazy and Debra Ashkenazy (hereinafter together the Ashkenazys) borrowed the sum of $3,280,000 from Wells Fargo Bank, N.A...

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