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WILMINGTON SAVINGS FUND SOCIETY FSB v. YISROEL

2017-08065. Index No. 32336/15.

166 A.D.3d 1056 (2018)

88 N.Y.S.3d 224

2018 NY Slip Op 08174

Wilmington Savings Fund Society FSB, Doing Business as Christiana Trust, Not in its Individual Capacity But Solely as Legal Title Trustee for BCAT 2014-6TT, Respondent, v. Bais Hamedrish Netzach Yisroel, Appellant, et al., Defendants.

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

Decided November 28, 2018.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Bais Hamedrish Netzach Yisroel, to strike its answer, and for an order of reference, are denied.

The plaintiff commenced this action against Bais Hamedrish Netzach Yisroel (hereinafter the defendant), among others, to foreclose a mortgage encumbering...

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