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CITIMORTGAGE, INC. v. GOLDBERG

2016-12786, 2017-01316. Index No. 10034/13.

197 A.D.3d 616 (2021)

152 N.Y.S.3d 723

2021 NY Slip Op 04697

CitiMortgage, Inc., Respondent, v. Oded Goldberg, Appellant, et al., Defendants.

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

Decided August 18, 2021.

Attorney(s) appearing for the Case

Harvey Sorid , Uniondale, NY ( Melissa Montenes and Milena Hanukov of counsel), for appellant.

Locke Lord LLP, New York, NY ( William D. Foley, Jr. , and Joseph N. Froehlich of counsel), for respondent.

Rivera, J.P., Dillon, Austin and Hinds-Radix, JJ., concur.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that the motion for leave to reargue is granted, and, upon reargument, the decision and order of this Court dated January 29, 2020 (CitiMortgage, Inc. v Goldberg, 179 A.D.3d 1006 [2020]), is recalled and vacated, and the following decision and order is substituted therefor:

In an action to foreclose a mortgage, the defendant Oded Goldberg appeals...

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