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ONEWEST BANK, FSB v. SWITS

2019-11103. Index No. 61181/14.

210 A.D.3d 996 (2022)

178 N.Y.S.3d 577

2022 NY Slip Op 06709

OneWest Bank, FSB, Respondent, v. Wendy Swits, Appellant, et al., Defendants.

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

Decided November 23, 2022.

Attorney(s) appearing for the Case

Paula A. Miller, P.C., Smithtown, NY, for appellant.

Bronster, LLP (Bryan Cave Leighton Paisner LLP, New York, NY [Elizabeth Goldberg and Nafiz Cekirge], of counsel]), for respondent.

Brathwaite Nelson, J.P., Miller, Genovesi and Warhit, JJ. concur.

In an action to foreclose a mortgage, the defendant Wendy Swits appeals from an order of the Supreme Court, Suffolk County (Robert F. Quinlan, J.), dated July 31, 2019. The order, insofar as appealed from, granted that branch of the plaintiff's motion which was for summary judgment dismissing that defendant's first affirmative defense.

Ordered that the order is affirmed insofar as appealed from, with costs.

On September 21, 2009, Gail D. Roggenkamp (hereinafter...

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