DEUTSCHE BANK TRUST CO. AMS. v. MILLER

2018-05996. Index No. 16576/13.

198 A.D.3d 867 (2021)

155 N.Y.S.3d 562

2021 NY Slip Op 05690

Deutsche Bank Trust Company Americas, Respondent, v. Ellen Miller, Appellant, et al., Defendants.

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

Decided October 20, 2021.


Attorney(s) appearing for the Case

Harold A. Steuerwald , Bellport, NY, for appellant.

Greenberg Traurig, LLP, New York, NY ( Patrick G. Broderick of counsel), for respondent.

Austin, J.P., Hinds-Radix, Barros and Genovesi, JJ., concur.


Ordered that the judgment of foreclosure and sale is reversed, on the law, with costs, upon reargument, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Ellen Miller, to strike her answer, and for an order of reference are denied, and the two orders dated October 5, 2016, and the order dated December 14, 2017, are modified accordingly.

On July 27, 2004, Richard Miller (hereinafter the...

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