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RAYMOND JAMES BANK, NA v. GUZZETTI

2018-12144, 2019-14400. Index No. 603998/15.

202 A.D.3d 841 (2022)

158 N.Y.S.3d 881

2022 NY Slip Op 00888

Raymond James Bank, NA, Respondent, v. John Guzzetti, Appellant, et al., Defendants.

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

Decided February 9, 2022.

Attorney(s) appearing for the Case

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Lake Success, NY (Christopher A. Gorman of counsel), for appellant.

McCabe, Weisberg & Conway, LLC, Melville, NY (Edward Rugino of counsel), for respondent.

Dillon, J.P., Connolly, Brathwaite Nelson and Wooten, JJ., concur.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment of foreclosure and sale is reversed, on the law, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant John Guzzetti, to strike his answer, and for an order of reference are denied, and the order is modified accordingly; and it is further,

Ordered that one bill of costs is awarded to...

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