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HSBC BANK USA v. PANTEL

2021-00286. Index No. 59123/17.

208 A.D.3d 643 (2022)

173 N.Y.S.3d 608

2022 NY Slip Op 04954

HSBC Bank USA, Appellant, v. Marc Pantel et al., Respondents, et al., Defendants.

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

Decided August 17, 2022.

Attorney(s) appearing for the Case

Logs Legal Group LLC, Rochester, NY ( Ellis M. Oster of counsel), for appellant.

Reich Reich & Reich, P.C., White Plains, NY ( Nicholas A. Pasalides of counsel), for respondents.

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

Ordered that the order is reversed, on the law, with costs, and the motion of the defendants Marc Pantel and Carol Pantel pursuant to CPLR 3012(d) to compel the plaintiff to accept their late answer is denied.

In 2013, the plaintiff commenced an action (hereinafter the prior action) to foreclose a mortgage securing a consolidated note executed by the defendants Marc Pantel and Carol Pantel (hereinafter together the defendants...

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