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ONEWEST BANK, FSB v. COOK

2020-02532. Index No. 15641/13.

204 A.D.3d 1025 (2022)

165 N.Y.S.3d 345

2022 NY Slip Op 02810

OneWest Bank, FSB, Respondent, v. Donald J. Cook, Appellant, et al., Defendants.

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

Decided April 27, 2022.

Attorney(s) appearing for the Case

The Ranalli Law Group, PLLC, Hauppauge, NY ( Ernest E. Ranalli of counsel), for appellant.

Robertson, Anschutz, Schneid, Crane & Partners, PLLC, Westbury, NY ( Jospeh F. Battista and Leah Lenz of counsel), for respondent.

Connolly, J.P., Roman, Christopher and Ford, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action against the defendant Donald J. Cook (hereinafter the defendant), among others, to foreclose a consolidated mortgage on real property located in Deer Park. The defendant filed an answer in which he asserted nine affirmative defenses, including that the plaintiff failed to comply with RPAPL 1303. The plaintiff moved, inter alia, for summary judgment on the complaint...

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