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LNV CORP. v. ALMBERG

2017-10738, 2017-10739. Index No. 64503/14.

194 A.D.3d 703 (2021)

143 N.Y.S.3d 587

2021 NY Slip Op 02791

LNV Corporation, Respondent, v. Winston Almberg et al., Appellants, et al., Defendants.

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

Decided May 5, 2021.

Attorney(s) appearing for the Case

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Lake Success, NY ( Christopher A. Gorman of counsel), for appellants.

Stein Wiener & Roth, LLP, Carle Place, NY ( Mojdeh Malekan of counsel), for respondent.

Chambers, J.P., Austin, Miller and Wooten, JJ., concur.

Ordered that the orders are 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 defendants Winston Almberg and Tara Almberg, to strike their answer, and for an order of reference are denied.

On June 12, 2014, the plaintiff commenced this mortgage foreclosure action against, among others, the defendants

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