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DEUTSCHE BANK NATL. TRUST CO. v. HOROWITZ

2016-04268, 2016-09693. Index No. 17853/11.

163 A.D.3d 764 (2018)

82 N.Y.S.3d 441

2018 NY Slip Op 05278

Deutsche Bank National Trust Company, as Trustee for the Registered Holders of Saxon Asset Securities Trust 2007-3 Mortgage Loan Asset Backed Certificates, Series 2007-3, Respondent, v. Mark M. Horowitz, Appellant, et al., Defendants.

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

Decided July 18, 2018.

Ordered that the order entered January 28, 2016, is reversed insofar as appealed from, on the law, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Mark M. Horowitz, to strike the verified answer and tenth affirmative defense of that defendant, and for an order of reference are denied, and so much of the order entered March 29, 2016, as granted those...

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