WELLS FARGO BANK, N.A. v. LUBONTY

2019-00046, Index No. 15655/07.

2022 NY Slip Op 02305

WELLS FARGO BANK, N.A., Respondent, v. GREGG LUBONTY, Appellant, ET AL., Defendants.

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

Decided April 6, 2022.


Attorney(s) appearing for the Case

Lester & Associates, P.C., Garden City, NY ( Peter K. Kamran and Seung Woo Lee of counsel), for appellant.

Aldridge Pite, LLP, Melville, NY ( David Welch of counsel), for respondent.

Before: Betsy Barros, J.P., Reinaldo E. Rivera, Joseph J. Maltese, William G. Ford, JJ.


In an action to foreclose a mortgage, the defendant Gregg Lubonty appeals from an order of the Supreme Court, Suffolk County (John H. Rouse, J.), entered September 13, 2018. The order, insofar as appealed from, granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Gregg Lubonty, to strike that defendant's fifth affirmative defense, and for an order of reference, and denied that defendant...

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