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U.S. BANK N.A. v. KELLY

2022-01442, Index No. 600756/15.

2024 NY Slip Op 00448

U.S. BANK NATIONAL ASSOCIATION, ETC., Respondent, v. THOMAS KELLY, ET AL., Appellants, ET AL., Defendants.

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

Decided January 31, 2024.

Attorney(s) appearing for the Case

Charles Wallshein , Melville, NY ( Charles W. Marino of counsel), for appellants.

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

Before: Angela G. Iannacci, J.P., Joseph J. Maltese, Paul Wooten, Lourdes M. Ventura, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the defendants Thomas Kelly and Jennifer Kelly appeal from an order of the Supreme Court, Suffolk County (S. Betsy Heckman Torres, J.), dated January 7, 2022. 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 defendants Thomas Kelly and Jennifer Kelly and for an order of reference, and appointed...

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