WACHOVIA BANK v. NIVAR

2019-04375. Index No. 24209/08.

200 A.D.3d 1100 (2021)

155 N.Y.S.3d 798

2021 NY Slip Op 07575

Wachovia Bank, National Association, Plaintiff, v. Lilian Nivar et al., Appellants, et al., Defendants. HSBC Bank USA, National Association, Nonparty Respondent.

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

Decided December 29, 2021.


Attorney(s) appearing for the Case

Petroff Amshen LLP, Brooklyn, NY ( Serge F. Petroff , James Tierney , and Steven Amshen of counsel), for appellants.

Gross Polowy LLC (Reed Smith LLP, New York, NY [ Andrew B. Messite and Kerren B. Zinner ], of counsel), for nonparty-respondent.

Miller, J.P., Duffy, Iannacci and Christopher, JJ., concur.


Ordered that the order entered January 17, 2019, is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action against the defendants Lilian Nivar and Jose Luis Nivar (hereinafter together the defendants), among others, to foreclose a mortgage on real property located in Queens. Neither of the defendants answered the complaint. By order entered February 26, 2015, the Supreme Court, inter alia, denied those branches of the plaintiff's motion...

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