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MTGLQ INVS., L.P. v. CUTAJ

2019-10389. Index No. 63677/15.

202 A.D.3d 778 (2022)

162 N.Y.S.3d 431

2022 NY Slip Op 00858

MTGLQ Investors, L.P., Respondent, v. Augustin Cutaj et al., Appellants, et al., Defendant.

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

Decided February 9, 2022.

Attorney(s) appearing for the Case

Michael Kennedy Karlson, New York, NY, for appellants.

Knuckles, Komosinski & Manfro, LLP, Elmsford, NY (Max T. Saglimbeni of counsel), for respondent.

Barros, J.P., Iannacci, Chambers and Christopher, JJ., concur.

Ordered that the order and judgment of foreclosure and sale is reversed, on the law, with costs, those branches of the motion of HSBC Bank USA, N.A., which were for summary judgment on the complaint insofar as asserted against the defendants Augustin Cutaj and Lillian Cutaj, to strike their answer and dismiss their affirmative defenses, and for an order of reference are denied, those branches of the plaintiff's motion which were to confirm the referee's report and for a judgment...

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