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DITECH FIN., LLC v. CUMMINGS

2019-09896, 2020-00138. Index No. 701425/16.

208 A.D.3d 634 (2022)

174 N.Y.S.3d 72

2022 NY Slip Op 04949

Ditech Financial, LLC, Respondent, v. Roman Cummings, Appellant, et al., Defendants.

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

Decided August 17, 2022.

Attorney(s) appearing for the Case

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

Robertson, Anschutz, Schneid, Crane & Partners, PLLC, Westbury, NY (Joseph F. Battista and Leah Lenz of counsel), for respondent.

Barros, J.P., Iannacci, Miller and Wooten, JJ., concur.

Ordered that the appeal from the order entered July 25, 2019, is dismissed, as the portions of the order appealed from were superseded by the order entered November 22, 2019; and it is further,

Ordered that the order entered November 22, 2019, is reversed insofar as appealed from, on the law, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Roman Cummings, to strike his answer and counterclaims...

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