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U.S. BANK N.A. v. HAMMER

2018-05130. Index No. 65859/15.

192 A.D.3d 846 (2021)

143 N.Y.S.3d 695

2021 NY Slip Op 01439

U.S. Bank National Association, Respondent, v. Barbara Hammer, Appellant, et al., Defendants.

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

Decided March 10, 2021.

Attorney(s) appearing for the Case

Law Offices of Mark J. Friedman, P.C. ( Thomas J. Frank and Young Law Group, PLLC, Bohemia, NY [ Ivan E. Young and Justin F. Pane ], of counsel), for appellant.

RAS Boriskin, LLC, Westbury, NY ( Joseph F. Battista of counsel), for respondent.

Dillon, J.P., LaSalle, Connolly 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 Barbara Hammer, to strike that defendant's 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 March 27, 2018, are modified...

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