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CIT GROUP/CONSUMER FIN., INC. v. KAISER

2017-10460, Index No. 13847/07.

206 A.D.3d 790 (2022)

168 N.Y.S.3d 331

2022 NY Slip Op 03882

CIT Group/Consumer Finance, Inc., Respondent, v. John R. Kaiser et al., Appellants, et al., Defendants.

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

Decided June 15, 2022.

Attorney(s) appearing for the Case

Genevieve Lane Lopresti , Seaford, NY, for appellants.

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

Brathwaite Nelson, J.P., Roman, Genovesi and Dowling, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for an order of reference is denied.

The plaintiff commenced this action in 2007 to foreclose a mortgage on certain real property in Nassau County against, among others, the defendants John R. Kaiser and Rosemarie T. Kaiser (hereinafter together the defendants). In April 2015, the plaintiff moved for an order of reference. The defendants opposed the motion and separately moved,...

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