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BANK OF N.Y. MELLON v. MANNINO

2019-13834, 2019-13835. Index No. 2091/15.

209 A.D.3d 707 (2022)

177 N.Y.S.3d 67

2022 NY Slip Op 05675

Bank of New York Mellon, Respondent, v. Anthony Mannino et al., Appellants, et al., Defendants.

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

Decided October 12, 2022.

Attorney(s) appearing for the Case

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Lake Success, NY ( Christopher A. Gorman of counsel), for appellants.

Frenkel Lambert Weiss Weisman & Gordon, LLP, Bay Shore, NY ( Keith Abramson of counsel), for respondent.

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

In an action to foreclose a mortgage, the defendants Anthony Mannino and Maria Mannino appeal from two orders of the Supreme Court, Nassau County (Thomas A. Adams, J.), both dated September 18, 2018. The first order, insofar as appealed from, granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against those defendants, to strike their answer, and for an order of reference, and denied those defendants' cross...

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