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CASHEL v. CASHEL

65 A.D.3d 1182 (2009)

THOMAS P. CASHEL, Plaintiff, v. FRANCINE CASHEL, Defendant. (Action No. 1.) THOMAS P. CASHEL, Respondent, v. FRANCINE CASHEL et al., Defendants, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., et al., Appellants. (Action No. 2.) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Appellant, v. FRANCINE PARZIALE CASHEL et al., Respondents. (Action No. 3.)

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

September 22, 2009.

Ordered that the appeal from so much of the order as denied those branches of the appellants' motion which were to strike the answer and defenses of the defendants in action No. 3, for summary judgment on the complaint in action No. 3, or alternatively, to direct the defendant Thomas P. Cashel to satisfy the subject mortgage should he prevail on his claims in action No. 3, to appoint a referee to compute the amount due on the subject...

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