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WILMINGTON SAV. FUND SOCY., FSB v. RACER

2019-11655, 2019-11656. Index No. 521171/17.

217 A.D.3d 730 (2023)

191 N.Y.S.3d 642

2023 NY Slip Op 03043

Wilmington Savings Fund Society, FSB, Respondent, v. Samuel Racer, Appellant, et al., Defendants.

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

Decided June 7, 2023.

Attorney(s) appearing for the Case

Samuel Racer, Brooklyn, NY, appellant pro se.

Knuckles, Komosinski & Manfro, LLP, Elmsford, NY ( John E. Brigandi of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Dowling and Voutsinas, JJ., concur.

In an action to foreclose a mortgage, the defendant Samuel Racer appeals from (1) an order of the Supreme Court, Kings County (Noach Dear, J.), dated July 18, 2019, and (2) an order of the same court, also dated July 18, 2019. The first order, insofar as appealed from, granted those branches of the plaintiff's motion which were, in effect, for summary judgment on the complaint insofar as asserted against the defendant Samuel Racer, to strike so much of the answer and the...

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