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CIT BANK, N.A. v. BYERS

2022-00359, 2022-00360. Index No. 619071/17.

220 A.D.3d 673 (2023)

197 N.Y.S.3d 282

2023 NY Slip Op 04978

CIT Bank, N.A., Respondent, v. Andrew Byers, Also Known as Andrew J. Byers, et al., Appellants, et al., Defendants.

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

Decided October 4, 2023.

Attorney(s) appearing for the Case

Kenneth C. Henry, Jr. , Westbury, NY, for appellants.

Schwartz Sladkus Reich Greenberg Atlas, LLP, New York, NY ( Ethan A. Kobre and Bradley Arant Boult Cummings, LLP [ R. Aaron Chastain ], of counsel), for respondent.

Barros, J.P., Christopher, Warhit and Taylor, JJ., concur.

In an action to foreclose a mortgage, the defendants Andrew Byers and Tarzan Grant Irby appeal from two orders of the Supreme Court, Suffolk County (Thomas F. Whelan, J.), both dated December 10, 2021. 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 for an order of reference. The second order, insofar as appealed...

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