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JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. ESPARZA

2020-01414, 2020-02911. Index No. 502637/15.

213 A.D.3d 655 (2023)

183 N.Y.S.3d 491

2023 NY Slip Op 00416

JPMorgan Chase Bank, National Association, Respondent, v. Joseph Esparza et al., Appellants, et al., Defendants.

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

Decided February 1, 2023.

Attorney(s) appearing for the Case

Jacobowitz Newman Tversky, LLP, Cedarhurst, NY ( Evan M. Newman and Aviva Francis of Counsel), for appellants.

Friedman Vartolo, LLP, New York, NY ( Michael Eskenazi of Counsel), for respondent.

Brathwaite Nelson, J.P., Wooten, Genovesi and Warhit, JJ., concur.

In an action to foreclose a mortgage, the defendants Joseph Esparza and Mill 407, LLC, appeal from (1) an order of the Supreme Court, Kings County (Kathy J. King, J.), dated January 7, 2020, and (2) an order of the same court dated February 14, 2020. The order dated January 7, 2020, insofar as appealed from, after a nonjury trial, denied the oral application of those defendants pursuant to CPLR 4401, made at the close of the plaintiff's case, for judgment as a matter of law...

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