BAYVIEW LOAN SERVICING, LLC v. MOSBACHER

2016-13441. Index No. 10300/09.

191 A.D.3d 936 (2021)

139 N.Y.S.3d 553

2021 NY Slip Op 08160

Bayview Loan Servicing, LLC, Respondent, v. Yehuda Mosbacher et al., Appellants.

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

Decided February 24, 2021.


Attorney(s) appearing for the Case

Menashe & Associates LLP, Montebello, NY ( Shoshana Schneider and David Lapa of counsel), for appellants.

Polsinelli, P.C., New York, NY ( Robert H. King of counsel), for respondent.

Rivera, J.P., Duffy, Iannacci and Wooten, JJ., concur.


Ordered that the order and judgment of foreclosure and sale 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, to strike the defendants' answer, and for an order of reference are denied, the plaintiff's motion to confirm the referee's report and for a judgment of foreclosure and sale is denied, and the orders dated December 17, 2015, are modified accordingly.

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