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HSBC BANK USA, N.A. v. NELSON

2018-10238. Index No. 12408/13.

190 A.D.3d 842 (2021)

136 N.Y.S.3d 787

2021 NY Slip Op 00302

HSBC Bank USA, National Association, Respondent, v. Safiya Nelson, Appellant, et al., Defendants.

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

Decided January 20, 2021.

Attorney(s) appearing for the Case

Rozario & Associates, P.C., New York, NY ( Rovin R. Rozario of counsel), for appellant.

Hogan Lovells US LLP and Shapiro, DiCaro & Barak LLC (Reed Smith LLP, New York, NY [ Andrew B. Messite and Joseph B. Teig ], of counsel), for respondent.

Dillon, J.P., Chambers, Miller and Brathwaite Nelson, JJ., concur.

Ordered that the order and judgment of foreclosure and sale is affirmed, with costs.

In July 2013, the plaintiff commenced this action against Safiya Nelson (hereinafter the defendant), among others, to foreclose a mortgage encumbering certain real property in Brooklyn. The defendant interposed an answer asserting, among other things, the affirmative defenses of lack of standing and the plaintiff's failure to satisfy a...

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