BANK OF N.Y. MELLON v. McCAFFREY

2019-09433, 2019-09434, 2019-09435. Index No. 1446/17.

207 A.D.3d 614 (2022)

172 N.Y.S.3d 78

2022 NY Slip Op 04619

Bank of New York Mellon, Respondent, v. Shawn McCaffrey et al., Appellants.

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

Decided July 20, 2022.


Attorney(s) appearing for the Case

Lawrence and Walsh, P.C., Hempstead, NY ( John Tangel of counsel), for appellants.

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

Duffy, J.P., Brathwaite Nelson, Iannacci and Wooten, JJ., concur.


Ordered that the appeals from the orders entered June 28, 2018, are dismissed; and it is further,

Ordered that the order and judgment of foreclosure and sale is reversed, on the law, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants, to strike their answer, and for an order of reference are denied, the plaintiff's motion to confirm the referee's report and for a judgment of foreclosure...

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