21ST MTGE. CORP. v. RIVERA

2019-01117, 2019-05328. Index No. 62926/17.

195 A.D.3d 985 (2021)

2021 NY Slip Op 04116

21st Mortgage Corporation, Appellant, v. Rosario Rivera, Respondent, et al., Defendants.

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

Decided June 30, 2021.


Attorney(s) appearing for the Case

Philips Lytle LLP, Buffalo, NY ( Preston L. Zarlock of counsel), for appellant.

Clair & Gjertsen, White Plains, NY ( Mary Aufrecht of counsel), for respondent.

Rivera, J.P., Duffy, Iannacci and Wooten, JJ., concur.


Ordered that the order dated December 11, 2018, is reversed, on the law, that branch of the plaintiff's motion which was for summary judgment dismissing the counterclaim of the defendant Rosario Rivera is granted, the cross motion of the defendant Rosario Rivera for summary judgment dismissing the complaint insofar as asserted against her and on her counterclaim is denied, the order dated April 11, 2019, is vacated, and the matter is remitted to the Supreme Court, Westchester...

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