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ONEWEST BANK, FSB v. N&R FAMILY TRUST

2019-10111. Index No. 26760/10.

200 A.D.3d 902 (2021)

155 N.Y.S.3d 344

2021 NY Slip Op 07009

Onewest Bank, FSB, Respondent, v. N & R Family Trust et al., Appellants, et al., Defendants.

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

Decided December 15, 2021.

Attorney(s) appearing for the Case

Berg & David, PLLC, Brooklyn, NY ( Abraham David and Sholom Wohlgelernter , of counsel), for appellants and for defendant Trustees of Successor Trustees or N & R Family Trust.

Houser LLP, New York, NY ( Kathleen M. Massimo and Michael C. Hughes of counsel), for respondent.

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

Ordered that the order is modified, on the law and in the exercise of discretion, by deleting the provision thereof, in effect, denying that branch of the motion of the defendants N & R Family Trust and Nachman Leifer, made jointly with the defendant Trustees of Successor Trustees or N & R Family Trust, which was for leave to amend the answer of the defendants N & R Family Trust and Nachman Leifer to assert the affirmative defenses of failure to comply with the...

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