U.S. BANK N.A. v. TIBURCIO

2019-02135. Index No. 620553/16.

197 A.D.3d 528 (2021)

153 N.Y.S.3d 34

2021 NY Slip Op 04629

U.S. Bank National Association, Appellant, v. Santiago Tiburcio, Respondent, et al., Defendants.

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

Decided August 4, 2021.


Attorney(s) appearing for the Case

McCalla Raymer Leibert Pierce, LLC, New York, NY ( Jane H. Torcia of counsel), for appellant.

Cabanillas & Associates, P.C., White Plains, NY ( Wendy Marie Weathers of counsel), for respondent.

LaSalle, P.J., Miller, Brathwaite Nelson 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 Santiago Tiburcio for summary judgment dismissing the complaint insofar as asserted against him, and substituting therefor a provision denying the cross motion; as so modified, the order is affirmed, without costs or disbursements.

In April 2007, the defendant Santiago Tiburcio (hereinafter the defendant) borrowed the sum of $382,500. The loan...

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