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DEUTSCHE BANK NATL. TRUST CO. AMS. v. BANU

2019-12076, 2019-12077. Index No. 703015/15.

205 A.D.3d 887 (2022)

169 N.Y.S.3d 318

2022 NY Slip Op 03231

Deutsche Bank National Trust Company Americas, Respondent, v. Begum Selina Banu, Appellant, et al., Defendants.

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

Decided May 18, 2022.

Attorney(s) appearing for the Case

Fadullon Dizon Krul, LLP, Jericho, NY (Juan Paolo F. Dizon and Alexander Krul of counsel), for appellant.

McCabe, Weisberg & Conway, LLC (Locke Lord LLP, New York, NY [Shawn A. Brenhouse], of counsel), for respondent.

Connolly, J.P., Roman, Maltese and Christopher, JJ., concur.

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

Ordered that the order and 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 Begum Selina Banu, to strike that defendant's answer, and for an order of reference are denied, the plaintiff's motion to confirm the...

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