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BANK OF N.Y. MELLON CORP. v. SALVADOR

2019-00275. Index No. 135691/14.

207 A.D.3d 612 (2022)

172 N.Y.S.3d 446

2022 NY Slip Op 04618

Bank of New York Mellon Corporation, Respondent, v. Franklin Salvador et al., Appellants, et al., Defendants.

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

Decided July 20, 2022.

Attorney(s) appearing for the Case

The Tapia Law Firm, PLLC ( Alfredo Tapia and Petroff Amshen LLP, Brooklyn, NY [ Serge F. Petroff , James Tierney , and Steven Amshen ], of counsel), for appellants.

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

Barros, J.P., Chambers, Zayas and Dowling, JJ., concur.

Ordered that the order and judgment of foreclosure and sale is reversed insofar appealed from, on the law, with costs, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants Franklin Salvador and Carolina Matallana, to strike those defendants' answers, and for an order of reference are denied, those branches of the plaintiff's motion which were to confirm the referee's report and for a judgment...

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