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BANK OF AM., N.A. v. SOFER

2018-07392. Index No. 22464/10.

192 A.D.3d 652 (2021)

139 N.Y.S.3d 895

2021 NY Slip Op 01242

Bank of America, N.A., Plaintiff, v. Abraham E. Sofer, Respondent, et al., Defendants. US Bank Trust, N.A., Nonparty Appellant.

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

Decided March 3, 2021.

Attorney(s) appearing for the Case

Day Pitney LLP, New York, NY ( Alfred W. J. Marks and Michael Schoeneberger of counsel), for nonparty-appellant.

Solomon Rosengarten , Brooklyn, NY, for respondent.

Mastro, A.P.J., Rivera, Miller and Duffy, JJ., concur.

Ordered that the order dated April 26, 2018, is affirmed, with costs.

In September 2010, the plaintiff commenced this action to foreclose a mortgage on certain residential property in Brooklyn against the defendant Abraham E. Sofer (hereinafter the defendant), among others. The defendant timely filed an answer with counterclaim. Subsequently, the Supreme Court granted the plaintiff's motion for leave to file an amended reply to the defendant's counterclaim. In June...

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