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U.S. BANK N.A. v. COX

2018-03256, 2018-03257. Index No. 67082/16.

203 A.D.3d 1206 (2022)

166 N.Y.S.3d 41

2022 NY Slip Op 02149

U.S. Bank National Association, Respondent, v. Susanne M. Cox, Appellant, et al., Defendants.

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

Decided March 30, 2022.

Attorney(s) appearing for the Case

Clair & Gjertsen, White Plains, NY (Mary Aufrecht of counsel), for appellant.

McCalla Raymer Leibert Pierce, LLC, New York, NY (Margaret Stefandl of counsel), for respondent.

Connolly, J.P., Chambers, Zayas and Dowling, JJ., concur.

Ordered that the order dated January 24, 2018, is modified, on the law, by deleting the provision thereof granting those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Susanne M. Cox, to strike her answer and affirmative defenses other than the first and fourth affirmative defenses, which alleged lack of standing and the statute of limitations, respectively, to treat her answer as a limited notice...

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