CAPITAL ONE, N.A. v. LIMAN

2019-12313. Index No. 9814/14.

193 A.D.3d 808 (2021)

142 N.Y.S.3d 411

2021 NY Slip Op 02270

Capital One, N.A., Respondent, v. Dana Liman, Appellant, et al., Defendants.

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

Decided April 14, 2021.


Attorney(s) appearing for the Case

Richland & Falkowski, PLLC, Astoria, NY ( Michael Falkowski of counsel), for appellant.

Woods Oviatt Gilman LLP, Rochester, NY ( Cassie T. Doran and Natalie A. Grigg of counsel), for respondent.

Chambers, J.P., Austin, Miller and Wooten, 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 Dana Liman, to strike her answer, and for an order of reference are denied.

On October 14, 2014, the plaintiff commenced the instant action against the defendant Dana Liman (hereinafter the defendant), among others, to foreclose a mortgage securing...

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