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CITIBANK, N.A. v. GIFFORD

23 CA 21-00711.

204 A.D.3d 1382 (2022)

168 N.Y.S.3d 192

2022 NY Slip Op 02650

Citibank, N.A., Not in its Individual Capacity But Solely as Trustee of NRZ Pass-Through Trust VI, Appellant-Respondent, v. Thomas J. Gifford, Also Known as Thomas Jay Gifford and Another, Respondent-Appellant, and Marlene E. Gifford, Also Known as Marlene Gifford and Another, Respondent, et al., Defendants.

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

Decided April 22, 2022.

Attorney(s) appearing for the Case

ROACH & LIN, P.C., SYOSSET ( MICHAEL C. MANNIELLO OF COUNSEL), FOR PLAINTIFF-APPELLANT-RESPONDENT.

KERNAN AND KERNAN, P.C., UTICA ( LEIGHTON R. BURNS OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT AND DEFENDANT-RESPONDENT.

Present—Whalen, P.J., NeMoyer, Curran, Winslow and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the cross motion in its entirety, reinstating the complaint against defendant Marlene E. Gifford, also known as Marlene Gifford, also known as Marlene Lou Gifford, and granting the motion in its entirety and as modified the order is affirmed without costs.

Memorandum: In 1991, Thomas J. Gifford, also known as Thomas Jay Gifford, also known as Thomas Gifford, and

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