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NEW PENN FIN., LLC v. RUBIN

2019-13028. Index No. 506891/15.

207 A.D.3d 730 (2022)

173 N.Y.S.3d 262

2022 NY Slip Op 04730

New Penn Financial, LLC, Respondent, v. Yehoshua C. Rubin et al., Appellants, et al., Defendants.

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

Decided July 27, 2022.

Attorney(s) appearing for the Case

Law Office of Samuel Katz, PLLC, Brooklyn, NY (Joseph J. Schwartz of counsel), for appellants.

Berkman, Henoch, Peterson & Peddy, P.C., Garden City, NY (Megan K. McNamara of counsel), for respondent.

Barros, J.P., Chambers, Miller and Zayas, JJ., concur.

Ordered that the order dated October 4, 2019, is affirmed insofar as appealed from, with costs.

The instant mortgage foreclosure action was commenced on or about June 4, 2015, and the defendants Yehoshua C. Rubin, Blima Rubin, and Yenty Rubin (hereinafter collectively the defendants) interposed an answer dated July 8, 2015. In a order dated November 1, 2016, the Supreme Court granted the motion of the plaintiff's predecessor...

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