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WILMINGTON TRUST, N.A. v. MEYERHOEFFER

2020-09530, 2020-09531. Index No. 59703/19.

219 A.D.3d 549 (2023)

194 N.Y.S.3d 81

2023 NY Slip Op 04155

Wilmington Trust, N.A., Respondent, v. Dale F. Meyerhoeffer et al., Appellants, et al., Defendants.

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

Decided August 2, 2023.

Attorney(s) appearing for the Case

Fred L. Seeman, New York, NY ( Peter Kirwin of counsel), for appellants.

Friedman Vartolo, LLP, New York, NY ( Ronald P. Labeck of counsel), for respondent.

Brathwaite Nelson, J.P., Iannacci, Ford and Voutsinas, JJ., concur.

In an action to foreclose a mortgage, the defendants Dale F. Meyerhoeffer and Michelle A. Meyerhoeffer appeal from two orders of the Supreme Court, Westchester County (William J. Giacomo, J.), both dated October 21, 2020. The first order, insofar as appealed from, granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against those defendants, to strike their answer and affirmative defenses, and for an order of...

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