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CIT GROUP/CONSUMER FIN., INC. v. KAISER

2020-05091, Index No. 13847/07.

206 A.D.3d 791 (2022)

171 N.Y.S.3d 507

2022 NY Slip Op 03883

CIT Group/Consumer Finance, Inc., Respondent, v. John R. Kaiser et al., Appellants, et al., Defendants.

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

Decided June 15, 2022.

Attorney(s) appearing for the Case

Genevieve Lane Lopresti, SeaFord, NY, for appellant.

Aldridge Pite LLP, Melville, NY (Christopher E. Medina, of Counsel) for respondent.

Brathwaite Nelson, J.P., Roman, Genovesi and Dowling, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and that branch of the motion of the defendants John R. Kaiser and Rosemarie T. Kaiser which was pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against them as abandoned is granted, and the motion is otherwise denied as academic.

On April 24, 2004, the defendants John R. Kaiser and Rosemarie T. Kaiser (hereinafter together the defendants) executed a note in the amount of $415,000 in...

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