BANK OF AM., N.A. v. RUSSELL

2017-07322. Index No. 13046/09.

197 A.D.3d 448 (2021)

148 N.Y.S.3d 719

2021 NY Slip Op 04592

Bank of America, N.A., Respondent, v. Roxanne Russell, Appellant, et al., Defendants.

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

Decided August 4, 2021.


Attorney(s) appearing for the Case

Ransford B. McKenzie , Brooklyn, NY, for appellant.

Robertson, Anschutz, Schneid, Crane & Partners, PLLC, Westbury, NY ( Joseph F. Battista of counsel), for respondent.

Dillon, J.P., Austin, Barros and Iannacci, JJ., concur.


Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to foreclose a mortgage on May 28, 2009. On June 6, 2016, the plaintiff moved, inter alia, for summary judgment on the complaint insofar as asserted against the defendant Roxanne Russell (hereinafter the defendant) and for an order of reference. The motion was made returnable on July 15, 2016, but was administratively adjourned to August 1, 2016. On July 27, 2016, the defendant served...

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