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HUDSON CITY SAVINGS BANK v. ELLIA

2020-02753, 2020-02755. Index No. 601023/17.

210 A.D.3d 750 (2022)

178 N.Y.S.3d 136

2022 NY Slip Op 06235

Hudson City Savings Bank, Respondent, v. Anthony Ellia, Appellant, et al., Defendants.

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

Decided November 9, 2022.

Attorney(s) appearing for the Case

Law Office of Maggio & Meyer, PLLC, Bohemia, NY ( Holly C. Meyer of counsel), for appellant.

Akerman LLP, New York, NY ( Jordan M. Smith and Eric M. Levine of counsel), for respondent.

Dillon, J.P., Duffy, Maltese and Genovesi, JJ., concur.

In an action to foreclose a mortgage, the defendant Anthony Ellia appeals from two orders of the Supreme Court, Suffolk County (C. Randall Hinrichs, J.), both dated February 6, 2020. 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 the defendant Anthony Ellia, to strike that defendant's answer and affirmative...

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