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HSBC BANK USA v. GIFFORD

Index No. 36287/19, Appeal No. 1368, Case No. 2022-04800.

2024 NY Slip Op 00678

HSBC BANK USA ETC., Plaintiff-Respondent, v. DAVID GIFFORD, Defendant-Appellant, DEUTSCHE BANK NATIONAL TRUST COMPANY ETC., ET AL., Defendants.

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

Decided February 8, 2024.

Attorney(s) appearing for the Case

Michael Kennedy Karlson , New York, for appellant.

McCalla Raymer Leibert Pierce LLC, New York ( Adam Weiss of counsel), for respondent.

Before: Webber, J.P., Gesmer, Kennedy, Rosado, Michael, JJ.

Order, Supreme Court, Bronx County (Doris M. Gonzalez, J.), entered on or about September 29, 2022, which, in this mortgage foreclosure action, denied defendant's motion to dismiss the complaint pursuant to CPLR 3211(a)(5) and (a)(8), modified, on the law, to the extent of remanding the matter for further proceedings on the constitutional question arising under CPLR 203(h), and otherwise affirmed, without costs.

This mortgage foreclosure action was commenced by plaintiff...

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