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HSBC BANK USA, N.A. v. SPITZ

2018-04513, 2018-10128. Index No. 514229/15.

201 A.D.3d 708 (2022)

156 N.Y.S.3d 867

2022 NY Slip Op 00170

HSBC Bank USA, N.A., Appellant, v. Yisrael Spitz, Respondent, et al., Defendants.

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

Decided January 12, 2022.

Attorney(s) appearing for the Case

Phillips Lytle LLP, Buffalo, NY ( Preston L. Zarlock , Patricia M. Pirri , and Sean C. McPhee of counsel), for appellant.

Richard A. Klass , Brooklyn, NY, for respondent.

Brathwaite Nelson, J.P., Rivera, Christopher and Genovesi, JJ., concur.

Ordered that the order dated February 13, 2018, is reversed, on the law, and the plaintiff's motion for summary judgment on the complaint insofar as asserted against the defendant Yisrael Spitz, to dismiss his counterclaims, and for an order of reference is granted; and it is further,

Ordered that the appeal from so much of the order dated June 19, 2018, as denied that branch of the plaintiff's motion which was for leave to reargue is dismissed, as no appeal lies...

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