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BERNARD v. CITIBANK, N.A.

2018-08728. Index No. 513884/17.

195 A.D.3d 783 (2021)

2021 NY Slip Op 03822

Jude Bernard, Appellant, v. Citibank, N.A., et al., Respondents, et al., Defendants.

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

Decided June 16, 2021.

Attorney(s) appearing for the Case

Richard Gresio , Great Neck, NY, for appellant.

Butler Fitzgerald Fiveson & McCarthy, P.C., New York, NY ( David K. Fiveson , Julie A. Levine , and Akerman, LLP [ Sherry Xia and Jordan M. Smith ], of counsel), for respondent Citibank, N.A.

Lydecker Diaz, Melville, New York ( Robert J. Pariser and Louis Brett Goldman of counsel), for respondent Sutton Alliance, LLC.

LaSalle, P.J., Dillon, Miller and Connolly, JJ., concur.

Ordered that the order is affirmed, with one bill of costs, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment, inter alia, declaring that the plaintiff is equitably estopped from denying the validity of the subject mortgage.

The plaintiff commenced this action against, among others, Citibank, N.A. (hereinafter Citibank), and Sutton Alliance, LLC (hereinafter Sutton; hereinafter together the defendants). The complaint alleged...

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