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ASTORIA FEDERAL SAVINGS & LOAN ASSOCIATION/FIDELITY NEW YORK FSB v. LANE

64 A.D.3d 454 (2009)

883 N.Y.S.2d 473

ASTORIA FEDERAL SAVINGS & LOAN ASSOCIATION/FIDELITY NEW YORK FSB, Plaintiff, v. MARILYN LANE, Appellant, and FRANCES TURNER et al., Intervenors-Respondents.

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

Decided July 7, 2009.

In December 1994, plaintiff commenced foreclosure actions against Lane with respect to two Manhattan condominium units. Lane answered the complaints and asserted counterclaims for fraud and abuse of process. The counterclaims were dismissed on June 5, 1995 and Lane appealed that decision to this Court. In February 1996, Supreme Court struck Lane's answers and appointed a referee to compute the amount due plaintiff and report on whether the properties could be sold. In July...

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