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HSBC BANK USA, N.A. v. PACIFICO

2019-00257. Index No. 1625/12.

194 A.D.3d 1029 (2021)

144 N.Y.S.3d 610

2021 NY Slip Op 03312

HSBC Bank USA, National Association, Respondent, v. Joseph H. Pacifico, Jr., Appellant, et al., Defendants.

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

Decided May 26, 2021.

Attorney(s) appearing for the Case

Law Office of Jason Tenenbaum, P.C., Garden City, NY ( Jason Tenenbaum of counsel), for appellant.

McCabe, Weisberg & Conway, LLC (Blank Rome LLP, New York, NY [ Andrea M. Roberts and Diana M. Eng ], of counsel), for respondent.

Hinds-Radix, J.P., Connolly, Iannacci and Christopher, JJ., concur.

Ordered that the appeal from the order dated November 14, 2018, is dismissed, without costs or disbursements.

In January 2012, the plaintiff commenced this action to foreclose the subject mortgage. The defendant Joseph H. Pacifico, Jr. (hereinafter the defendant), interposed an answer asserting various affirmative defenses, including lack of standing. Thereafter, the plaintiff moved, inter alia, for summary judgment on the complaint insofar as asserted against the...

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