SANTANDER BANK, N.A. v. SPITZER

2021-09283. Index No. 522209/18.

221 A.D.3d 845 (2023)

199 N.Y.S.3d 207

2023 NY Slip Op 05752

Santander Bank, N.A., Respondent, v. Shraga Spitzer, Appellant, et al., Defendants.

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

Decided November 15, 2023.


Attorney(s) appearing for the Case

Petroff Amshen LLP, Brooklyn, NY ( Serge F. Petroff , James Tierney , and Steven Amshen of counsel), for appellant.

Stein, Wiener & Roth, LLP, Carle Place, NY ( Gerald Roth of counsel), for respondent.

Barros, J.P., Wooten, Ford and Warhit, JJ., concur.


In an action to foreclose a mortgage, the defendant Shraga Spitzer appeals from an order of the Supreme Court, Kings County (Robin K. Sheares, J.), dated November 23, 2021. The 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 the defendant Shraga Spitzer, to strike that defendant's answer and affirmative defenses, and for...

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