HSBC BANK USA, N.A. ASSOCIATION v. CARDONA

2017-04588. Index No. 15207/13.

193 A.D.3d 696 (2021)

147 N.Y.S.3d 75

2021 NY Slip Op 02138

HSBC Bank USA, National Association, Respondent, v. Rafael M. Cardona, Appellant, et al., Defendants.

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

Decided April 7, 2021.


Attorney(s) appearing for the Case

Rafael Cardona, sued herein as Rafael M. Cardona, Jackson Heights, NY, appellant pro se.

Reed Smith LLP, New York, NY ( Andrew B. Messite and Kerren B. Zinner 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, 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 Rafael M. Cardona, to strike that defendant's answer, and to appoint a referee to compute the amount due to the plaintiff are denied, the plaintiff's motion to confirm the referee's report and for a judgment of foreclosure and sale is denied, and...

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