HSBC BANK USA v. DiBENEDETTI

2019-10054. Index No. 61153/14.

205 A.D.3d 687 (2022)

168 N.Y.S.3d 502

2022 NY Slip Op 02983

HSBC Bank USA, National Association, Respondent, v. Denis DiBenedetti et al., Appellants, et al., Defendants.

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

Decided May 4, 2022.


Attorney(s) appearing for the Case

John J. Caracciolo , East Northport, NY, for appellants.

Shapiro, DiCaro & Barak, LLC (Reed Smith, LLP, New York, NY [ Andrew B. Messite and Joseph S. Jacobs ]] of counsel), for respondent.

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


Ordered that the judgment of foreclosure and sale is reversed, on the law, with costs, so much of the order dated January 30, 2018, as, upon renewal, in effect, vacated the determination in the order dated February 7, 2017, denying those branches of the plaintiff's prior motion which were for summary judgment on the complaint insofar as asserted against the defendants Denis DiBenedetti and Cheryl DiBenedetti, to strike their answer, and for an order of reference, and thereupon...

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