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U.S. BANK N.A. v. BAJWA

2019-09240. Index No. 500803/19.

208 A.D.3d 1197 (2022)

175 N.Y.S.3d 247

2022 NY Slip Op 05175

U.S. Bank National Association, Respondent-Appellant, v. Ahmedaziz Abdullah Bajwa, Appellant-Respondent, et al., Defendants.

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

Decided September 14, 2022.

Attorney(s) appearing for the Case

Shiryak, Bowman, Anderson, Gill & Kadochnikov, LLP, Kew Gardens, NY ( Matthew J. Routh of counsel), for appellant-respondent.

McCalla Raymer Leibert Pierce, LLC, New York, NY ( Charles H. Jeanfreau of counsel), for respondent-appellant.

Dillon, J.P., Iannacci, Zayas and Genovesi, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, those branches of the motion of the defendant Ahmedaziz Abdullah Bajwa which were for summary judgment on his fifth counterclaim, seeking an award of attorneys' fees and expenses pursuant to Real Property Law § 282 and on his ninth counterclaim, seeking to cancel and discharge of record the subject mortgage, are granted, and the matter is remitted to the Supreme Court, Kings County, for a hearing...

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