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AMTRUST BANK v. DWECK

2019-10394. Index No. 13518/08.

207 A.D.3d 606 (2022)

170 N.Y.S.3d 481

2022 NY Slip Op 04615

Amtrust Bank, Plaintiff, v. Richard Dweck et al., Appellants, et al., Defendants. Wilmington Trust, National Association, Nonparty Respondent.

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

Decided July 20, 2022.

Attorney(s) appearing for the Case

Petroff Amshen LLP, Brooklyn, NY (Serge F. Petroff, James Tierney, and Steven Amshen of counsel), for appellants.

Friedman Vartolo LLP, New York, NY (Ronald Labeck and Richard O'Brien of counsel), for nonparty-respondent.

Iannacci, J.P., Zayas, Genovesi and Ford, JJ., concur.

Ordered that the order and judgment of foreclosure and sale is affirmed, with costs.

The plaintiff commenced this action to foreclose a mortgage on certain property located in Brooklyn. The defendants Richard Dweck and Sharon Dweck (hereinafter together the defendants) answered the complaint. The Supreme Court granted the plaintiff's motion, inter alia, for summary judgment on the complaint insofar as asserted against the defendants and for an order of reference....

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