CITIBANK, N.A. v. CYWINSKI

2018-11362. Index No. 7573/12.

192 A.D.3d 754 (2021)

139 N.Y.S.3d 875

2021 NY Slip Op 01386

Citibank, N.A., Respondent, v. Frank Cywinski et al., Appellants, et al., Defendants.

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

Decided March 10, 2021.


Attorney(s) appearing for the Case

Fred M. Schwartz , Smithtown, NY, for appellants.

Ras Boriskin, LLC (Greenberg Traurig, LLP, New York, NY [ Ryan Sirianni and Patrick G. Broderick ], of counsel), for respondent.

Dillon, J.P., LaSalle, Connolly and Iannacci, JJ., concur.


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 defendants Frank Cywinski and Sandra Cywinski, to strike those defendants' answer, and for an order of reference are denied.

The plaintiff failed to establish, prima facie, its standing to commence the action (see Bank of Am., N.A. v Sebrow, 180 A.D...

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