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U.S. BANK N.A. v. PAPANIKOLAW

2019-01249, 2019-09457. Index No. 31424/18.

197 A.D.3d 767 (2021)

150 N.Y.S.3d 594

2021 NY Slip Op 04777

U.S. Bank National Association, Appellant, v. Helen Papanikolaw et al., Respondents, et al., Defendants.

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

Decided August 25, 2021.

Attorney(s) appearing for the Case

McCarter & English, LLP, New York, NY ( Adam M. Swanson and Jessie D. Bonaros of counsel), for appellant.

Legal Aid Society of Rockland County, Inc., New City, NY ( Benjamin B. Bedell of counsel), for respondents.

Dillon, J.P., Chambers, Austin and Duffy, JJ., concur.

Ordered that the order dated January 2, 2019, is reversed, on the law, the motion of the defendants Helen Papanikolaw and James G. Papanikolaw for summary judgment dismissing the complaint insofar as asserted against them and for judgment on their counterclaim pursuant to RPAPL 1501(4) to cancel and discharge of record the mortgage at issue is denied, and the plaintiff's cross motion for summary judgment on the complaint and for an order of reference is granted; and it is...

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