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U.S. BANK N.A. v. GORDON

2019-12069, 2019-12070. Index No. 709001/17.

202 A.D.3d 872 (2022)

162 N.Y.S.3d 447

2022 NY Slip Op 00898

U.S. Bank National Association, Respondent, v. Steve Gordon et al., Appellants, et al., Defendants.

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

Decided February 9, 2022.

Attorney(s) appearing for the Case

Young Law Group, PLLC, Bohemia, NY ( Justin E. Pane of counsel), for appellants.

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

Duffy, J.P., Iannacci, Maltese and Ford, JJ., concur.

Ordered that the first order is modified, on the law, by deleting the provisions thereof granting those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants Steve Gordon and Ashia Gordon, to strike those defendants' answer, including their affirmative defense alleging a failure to comply with RPAPL 1304, and for an order of reference, and substituting therefor provisions denying those branches of the...

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