BANK OF N.Y. MELLON v. TREITEL

2020-03186. Index No. 507339/18.

217 A.D.3d 911 (2023)

2023 NY Slip Op 03446

Bank of New York Mellon, Respondent, v. Aron Treitel et al., Appellants, et al., Defendants.

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

Decided June 28, 2023.


Attorney(s) appearing for the Case

Backenroth, Frankel & Krinsky, LLP, New York, NY ( Scott Krinsky of counsel), for appellants.

Woods Oviatt Gilman, LLP, Rochester, NY ( Michael Joblonski of counsel), for respondent.

Connolly, J.P., Iannacci, Miller and Ford, JJ., concur.


In an action, inter alia, to foreclose a mortgage, the defendants Aron Treitel and Malky Treitel appeal from an order of the Supreme Court, Kings County (Noach Dear, J.), dated February 5, 2019. The order, insofar as appealed from, denied that branch of those defendants' motion which was pursuant to CPLR 3211(a)(5) to dismiss the plaintiff's first cause of action, to foreclose the mortgage, insofar as asserted against them.

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