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FIDELITY BANK v. JOHN

2020-01134. Index No. 503502/15.

208 A.D.3d 640 (2022)

171 N.Y.S.3d 895

2022 NY Slip Op 04952

Fidelity Bank, Respondent, v. Tabitha John, 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

Michael Kennedy Karlson, New York, NY, for appellant.

Davidson Fink LLP, Rochester, NY (Richard N. Franco of counsel), for respondent.

Brathwaite Nelson, J.P., Miller, Zayas and Dowling, JJ., concur.

Ordered that the order dated December 2, 2019, is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action against the defendant Tabitha John (hereinafter the defendant), among others, to foreclose a mortgage on certain real property in Brooklyn. The defendant interposed an answer. Thereafter the plaintiff moved, inter alia, for summary judgment on the complaint insofar as asserted against the defendant, to strike her answer, and for an order...

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