CIT BANK, N.A. v. FERNANDEZ

2020-08627, 2020-08630. Index No. 2197/13.

203 A.D.3d 876 (2022)

165 N.Y.S.3d 562

2022 NY Slip Op 01764

CIT Bank, N.A., Respondent, v. Iris Fernandez et al., Defendants, and Ninth Street Corp., Appellant.

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

Decided March 16, 2022.


Attorney(s) appearing for the Case

Susan von Ohlen , Great Neck, NY, for appellant.

Bronster LLP, New York, NY ( Alexandra C. Mink of counsel), for respondent.

Chambers, J.P., Roman, Genovesi and Dowling, JJ., concur.


Ordered that the appeal from the order dated February 11, 2020, is dismissed; and it is further,

Ordered that the order and judgment of foreclosure and sale is reversed, on the law, those branches of the plaintiff's motion which were for summary judgment on the amended complaint insofar as asserted against the defendant Ninth Street Corp., to strike that defendant's answer, affirmative defenses, and counterclaims, and for an order of reference are denied, the plaintiff...

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