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HSBC BANK USA, N.A. v. WALDMAN

2019-11529, 2020-03676. Index No. 506322/18.

210 A.D.3d 664 (2022)

177 N.Y.S.3d 675

2022 NY Slip Op 06119

HSBC Bank USA, N.A., Appellant, v. Chana Waldman, Respondent, et al., Defendants.

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

Decided November 2, 2022.

Attorney(s) appearing for the Case

Phillips Lytle LLP, Buffalo, NY (Preston L. Zarlock and Patricia M. Pirri of counsel), for appellant.

Berg & David PLLC, Brooklyn, NY (Abraham David and Sholom Wohlgelernter of counsel), for respondent.

Barros, J.P., Zayas, Ford and Taylor, JJ., concur.

In an action to foreclose a mortgage, the plaintiff appeals from (1) an order of the Supreme Court, Kings County (Noach Dear, J.), dated September 20, 2019, and (2) a judgment of the same court dated February 20, 2020. The order denied the plaintiff's motion, inter alia, to strike the answer of the defendant Chana Waldman for failure to comply with discovery demands, and granted that defendant's cross motion for summary judgment dismissing the complaint insofar as asserted...

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