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BANK OF N.Y. MELLON v. ROSE

2019-09051. Index No. 63161/15.

210 A.D.3d 846 (2022)

178 N.Y.S.3d 557

2022 NY Slip Op 06457

Bank of New York Mellon, Respondent, v. Anthony Rose et al., Appellants, et al., Defendants.

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

Decided November 16, 2022.

Attorney(s) appearing for the Case

Pascazi Law Offices PLLC, Fishkill, NY (Michael S. Pascazi of counsel), for appellants.

Gross Polowy, LLC, Williamsville, NY (Stephen J. Vargas of counsel), for respondent.

Barros, J.P., Rivera, Chambers and Dowling, JJ., concur.

In an action, inter alia, to foreclose a mortgage, the defendants Anthony Rose and Robert Rose appeal from an order of the Supreme Court, Westchester County (Lawrence H. Ecker, J.), dated June 17, 2019. The order, insofar as appealed from, denied the cross motion of the defendant Anthony Rose pursuant to CPLR 3211(a)(10) to dismiss the complaint insofar as asserted against him for failure to join a necessary party and denied that branch of the motion of the defendants Anthony...

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