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BETHPAGE FED. CREDIT UNION v. HERNON

2019-14190, 2020-05154. Index No. 607252/15.

216 A.D.3d 895 (2023)

190 N.Y.S.3d 372

2023 NY Slip Op 02638

Bethpage Federal Credit Union, Appellant, v. Timothy Hernon et al., Respondents, et al., Defendants.

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

Decided May 17, 2023.

Attorney(s) appearing for the Case

Robertson, Anschutz, Schneid, Crane & Partners, PLLC, Westbury, NY ( Joseph F. Battista and Leah Lenz of counsel), for appellant.

Law Offices of Michael J. Alber, P.C., Huntington Station, NY ( Steven Zalewski of counsel), for respondents.

Connolly, J.P., Maltese, Zayas and Taylor, JJ., concur.

In an action, inter alia, to foreclose a mortgage, the plaintiff appeals from (1) an order of the Supreme Court, Suffolk County (John H. Rouse, J.), dated November 4, 2019, and (2) an order of the same court dated March 9, 2020. The order dated November 4, 2019, insofar as appealed from, denied those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants Timothy Hernon and Joann Hernon, to strike those...

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