US BANK N.A. v. SZOFFER

2018-00275. Index No. 34183/16.

196 A.D.3d 666 (2021)

2021 NY Slip Op 04508

US Bank National Association, Appellant, v. Leah Szoffer et al., Respondents, et al., Defendants.

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

Decided July 21, 2021.


Attorney(s) appearing for the Case

Goodwin Procter LLP, New York, NY ( Leah Edmunds of counsel), for appellant.

Allen A. Kolber , Suffern, NY ( David Lapa of counsel), for respondents.

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


Ordered that the order is reversed, on the law, with costs, the motion of the defendants Leah Szoffer and Mordechai Szoffer pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against them and for summary judgment on their counterclaims to cancel and discharge of record the subject mortgage and for an award of attorneys' fees is denied, and the cross motion of the plaintiff for summary judgment dismissing those defendants' third affirmative defense and first...

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