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HSBC BANK USA, N.A. v. KALENBORN

2020-06438. Index No. 2981/14.

215 A.D.3d 929 (2023)

188 N.Y.S.3d 569

2023 NY Slip Op 02108

HSBC Bank USA, National Association, Respondent, v. Margaret Kalenborn et al., Appellants, et al., Defendants.

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

Decided April 26, 2023.

Attorney(s) appearing for the Case

Charles Wallshein, Melville, NY, for appellants.

Reed Smith LLP, New York, NY (Andrew B. Messite and Michael V. Margarella of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Ford and Taylor, JJ., concur.

In an action to foreclose a mortgage, the defendants Margaret Kalenborn and Douglas Kalenborn appeal from an order of the Supreme Court, Suffolk County (Thomas F. Whelan, J.), dated June 10, 2020. The order, insofar as appealed from, (1) denied that branch of their motion which was for a hearing to determine whether sanctions should be imposed upon the plaintiff for failing to negotiate in good faith pursuant to CPLR 3408, and...

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