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CITIMORTGAGE, INC. v. McKINNEY

2016-03577, Index No. 510222/14.

144 A.D.3d 1073 (2016)

2016 NY Slip Op 08037

42 N.Y.S.3d 302

CITIMORTGAGE, INC., Appellant, v. GARETH P. McKINNEY, Respondent, et al., Defendants.

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

Decided November 30, 2016.

Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment on the complaint and for an order of reference is granted.

The plaintiff commenced this action to foreclose a mortgage. The plaintiff appeals from an order denying its motion for summary judgment on the complaint and for an order of reference.

"`Generally, in moving for summary judgment in an action to foreclose...

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