CALIBER HOME LOANS, INC. v. WEINSTEIN

2019-03746, 2019-03747. Index No. 606529/16.

197 A.D.3d 1232 (2021)

153 N.Y.S.3d 575

2021 NY Slip Op 05021

Caliber Home Loans, Inc., Respondent, v. Herman Weinstein et al., Appellants, et al., Defendants.

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

Decided September 22, 2021.


Attorney(s) appearing for the Case

Christopher Thompson , West Islip, NY ( Shannon Cody McKinley of counsel), for appellants.

Fein, Such & Crane, LLP, Westbury, NY ( Michael S. Hanusek of counsel), for respondent.

Rivera, J.P., Hinds-Radix, Connolly and Wooten, JJ., concur.


Ordered that the order and judgment of foreclosure and sale is reversed, on the law, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants Herman Weinstein and Paula Weinstein, to strike those defendants' answer, and for an order of reference are denied, the plaintiff's motion to confirm the referee's report and for the entry of a judgment of foreclosure and sale is denied, and the order dated...

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