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CITIMORTGAGE, INC. v. NIMKOFF

2016-00111 Index No. 8816/12.

159 A.D.3d 869 (2018)

73 N.Y.S.3d 577

2018 NY Slip Op 01900

CITIMORTGAGE, INC., Respondent, v. RONALD A. NIMKOFF, Appellant, et al., Defendants.

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

Decided March 21, 2018.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the cross motion of the defendant Ronald A. Nimkoff which was for a hearing to determine whether the plaintiff met its obligation to negotiate in good faith pursuant to CPLR 3408 (f) is granted, and the matter is remitted to the Supreme Court, Nassau County, for a hearing and determination on that issue.

The plaintiff commenced this action against, among others, the...

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