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DEUTSCHE BANK NATL. TRUST CO. v. BANCIC

2018-06653, 2018-06654. Index No. 7291/13.

203 A.D.3d 1130 (2022)

165 N.Y.S.3d 132

2022 NY Slip Op 02112

Deutsche Bank National Trust Company, Respondent, v. Angelo Bancic, Appellant, et al., Defendants.

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

Decided March 30, 2022.

Attorney(s) appearing for the Case

Charles Wallshein , Melville, NY, for appellant.

Eckert Seamans Cherin & Mellott, LLC, White Plains, NY ( Kenneth Flickinger of counsel), for respondent.

Barros, J.P., Rivera, Wooten and Ford, JJ., concur.

Ordered that the appeal from the order entered April 3, 2018, is dismissed; and it is further,

Ordered that the judgment of foreclosure and sale is reversed, on the law, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Angelo Bancic, to strike his affirmative defenses and counterclaims, and for an order of reference are denied, the plaintiff's motion, in effect, to confirm the referee...

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