BANK OF N.Y. MELLON v. SHURKO

2018-12887, 2018-13658. Index No. 508916/16.

209 A.D.3d 951 (2022)

177 N.Y.S.3d 593

2022 NY Slip Op 05976

Bank of New York Mellon, Respondent, v. Eric Shurko et al., Defendants, and Adam Plotch, Appellant.

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

Decided October 26, 2022.


Attorney(s) appearing for the Case

Villanti Law Group, PLLC, Brooklyn, NY ( Christopher Villanti of counsel), for appellant.

Eckert Seamans Cherin & Mellott, LLC, White Plains, NY ( Geraldine A. Cheverko of counsel), for respondent.

Duffy, J.P., Barros, Rivera and Miller, JJ., concur.


In an action to foreclose a mortgage, the defendant Adam Plotch appeals from two orders of the Supreme Court, Kings County (Noach Dear, J.), both dated September 12, 2018. The first order, insofar as appealed from, granted those branches of the plaintiff's motion which were for summary judgment on the amended complaint insofar as asserted against the defendant Adam Plotch, to strike that defendant's answer and affirmative defenses, and for an order of reference, and denied...

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