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BANK OF N.Y. MELLON v. GOVAN

2019-02931. Index No. 60727/14.

204 A.D.3d 878 (2022)

164 N.Y.S.3d 840

2022 NY Slip Op 02525

Bank of New York Mellon, Respondent, v. Robert L. Govan, Appellant, et al., Defendants.

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

Decided April 20, 2022.

Attorney(s) appearing for the Case

The Law Offices of Charles Wallshein, PLLC, Melville, NY, for appellant.

Frenkel Lambert Weiss Weisman & Gordon, LLP, Bay Shore, NY ( Ruth O'Connor of counsel), for respondent.

Connolly, J.P., Christopher, Genovesi and Dowling, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Robert L. Govan, to strike his answer with affirmative defenses, and for an order of reference are denied.

In February 2014, the plaintiff commenced this action against, among others, the defendant Robert...

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