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U.S. BANK NATIONAL ASSOCIATION v. PEYKAR

2019-08485, 2020-02390. Index No. 705684/16.

194 A.D.3d 884 (2021)

2021 NY Slip Op 03077

U.S. Bank National Association, Respondent, v. Mitch Peykar et al., Appellants, et al., Defendants.

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

Decided May 12, 2021.

Attorney(s) appearing for the Case

Petroff Amshen LLP, Brooklyn, NY ( Serge F. Petroff , James Tierney , and Steven Amshen of counsel), for appellants.

Aldridge Pite LLP, Melville, NY ( Kenneth Sheehan of counsel), for respondent.

Rivera, J.P., Connolly, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the appeal from the order entered April 5, 2019, is dismissed; and it is further,

Ordered that the order and judgment of foreclosure and sale is reversed, on the law, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants Mitch Peykar and Shelly Peykar, to strike their verified amended answer, and for an order of reference are denied, the plaintiff's motion to confirm the referee...

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