CITIBANK, N.A. v. KLETZKY

2018-07535. Index No. 517714/16.

196 A.D.3d 459 (2021)

147 N.Y.S.3d 412

2021 NY Slip Op 04213

Citibank, N.A., Appellant, v. Goldy Kletzky, Respondent, et al., Defendants.

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

Decided July 7, 2021.


Attorney(s) appearing for the Case

Akerman LLP, New York, NY ( Joseph M. DeFazio and Ashley S. Miller of counsel), for appellant.

Law Office of Samuel Katz, PLLC, Brooklyn, NY, for respondent.

LaSalle, P.J., Chambers, Barros and Christopher, JJ., concur.


Ordered that the order is modified, on the law, by deleting the provision thereof granting the cross motion of the defendant Goldy Kletzky pursuant to CPLR 3211(a)(5) and 3217(c) to dismiss the complaint insofar as asserted against her, and substituting therefor a provision denying the cross motion; as so modified, the order is affirmed, without costs or disbursements.

On March 16, 2010, the plaintiff, Citibank, N.A., commenced an action (hereinafter action No. 1...

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