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EMIGRANT BANK v. ROSABIANCA

Index No. 850136/14. Appeal No. 16695. Case No. 2022-00599.

210 A.D.3d 527 (2022)

176 N.Y.S.3d 771

2022 NY Slip Op 06548

Emigrant Bank, as Successor-by-Merger with Emigrant Savings Bank-Manhattan, Respondent, v. Luigi Rosabianca et al., Defendants, and Secured Lending LLC, Appellant.

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

Decided November 17, 2022.

Attorney(s) appearing for the Case

The Law Offices of Mitchell Cantor, New York ( Mitchell Cantor , of counsel), for appellant.

Adam Leitman Bailey, P.C., New York ( Jeffrey R. Metz of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Friedman, Gesmer, Singh, JJ.

Order, Supreme Court, New York County (Gerald Lebovits, J.), entered November 22, 2021, which, to the extent appealed from, granted plaintiff Emigrant Bank's motion to dismiss defendant Secured Lending LLC's first affirmative defense, unanimously reversed, on the law, with costs, and the motion denied.

"When moving to dismiss an affirmative defense pursuant to CPLR 3211(b), the plaintiff bears the heavy burden of showing that the defense is without merit as a matter...

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