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WELLS FARGO BANK, N.A. v. MALENO-FOWLER

2019-03811. Index No. 510990/14.

194 A.D.3d 1094 (2021)

144 N.Y.S.3d 618

2021 NY Slip Op 03344

Wells Fargo Bank, N.A., Respondent, v. Jazmin Maleno-Fowler et al., Defendants, and David Cohan, Appellant.

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

Decided May 26, 2021.

Attorney(s) appearing for the Case

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

Gross Polowy, LLC (Reed Smith, LLC, New York, NY [ Andrew B. Messite and Michael V. Margarella ], of counsel), for respondent.

Chambers, J.P., Miller, Barros and Christopher, 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 amended complaint insofar as asserted against the defendant David Cohan, to dismiss his affirmative defenses, and for an order of reference are denied.

The plaintiff commenced this action to foreclose a mortgage...

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