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

2020-02550. Index No. 18821/13.

204 A.D.3d 970 (2022)

165 N.Y.S.3d 322

2022 NY Slip Op 02776

BANK OF America, N.A., Respondent, v. James E. Keefer, Jr., Appellant, et al., Defendants.

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

Decided April 27, 2022.

Attorney(s) appearing for the Case

The Ranalli Law Group, PLLC, Hauppauge, NY (Ernest R. Ranalli of counsel), for appellant.

Winston & Strawn LLP, New York, NY (Jason R. Lipkin of counsel), for respondent.

Brathwaite Nelson, J.P., Miller, Zayas and Dowling, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was for summary judgment dismissing the second affirmative defense of the defendant James E. Keefer, Jr., is denied.

In July 2013, the plaintiff commenced this action against, among others, the defendant James E. Keefer, Jr. (hereinafter the defendant), to foreclose a mortgage on real property located in West Babylon. The defendant interposed...

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