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CHASE HOME FINANCE, LLC v. KAHANA

2018-01116. Index No. 3090/10.

197 A.D.3d 1237 (2021)

151 N.Y.S.3d 625

2021 NY Slip Op 05022

Chase Home Finance, LLC, Respondent, v. Chaim Kahana et al., Appellants, et al., Defendant.

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

Decided September 22, 2021.

Attorney(s) appearing for the Case

Phillip J. Murphy , New City, NY, for appellants.

McCalla Raymer Leibert Pierce, LLC, New York, NY ( Brian P. Scibetta of counsel), for respondent.

Mastro, J.P., Duffy, Brathwaite Nelson and Genovesi, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

In this action to foreclose a mortgage, the defendants Chaim Kahana and Fermit Kahana (hereinafter together the defendants) failed to appear in the action and, when the plaintiff moved, inter alia, for an order of reference, they cross-moved pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against them, contending that they...

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