MASPETH FED. SAV. & LOAN ASSN. v. O'CONNELL

2022-01357. Index No. 714302/20.

221 A.D.3d 883 (2023)

201 N.Y.S.3d 75

2023 NY Slip Op 06037

Maspeth Federal Savings and Loan Association, Plaintiff, v. Richard O'Connell, Respondent, and Citibank, N.A., Appellant.

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

Decided November 22, 2023.


Attorney(s) appearing for the Case

David A. Gallo & Associates, LLP, Manhasset, NY ( Robert M. Link of counsel), for appellant.

Law Offices of Perry Tan Tischler, P.C., Bayside, NY, for respondent.

Dillon, J.P., Barros, Wooten and Voutsinas, JJ., concur.


In an action to foreclose a mortgage, the defendant Citibank, N.A., appeals from an order of the Supreme Court, Queens County (Carmen R. Velasquez, J.), dated February 15, 2022. The order denied that defendant's motion to confirm a referee's report ascertaining the amount and priority of claims by it and the defendant Richard O'Connell to surplus funds and finding that it was entitled to the surplus funds, and to direct the distribution of the surplus funds to it, and granted...

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