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DITECH SERVICING, LLC v. McFADDEN

2020-03732, 2020-03733. Index No. 23559/13.

217 A.D.3d 923 (2023)

193 N.Y.S.3d 37

2023 NY Slip Op 03452

Ditech Servicing, LLC, Respondent, v. Peter McFadden, Appellant, et al., Defendants.

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

Decided June 28, 2023.

Attorney(s) appearing for the Case

The Ranalli Law Group, PLLC, Hauppauge, NY (Ernest E. Ranalli of counsel), for appellant.

McCalla Raymer Leibert Pierce, LLC, New York, NY (Charles Jeanfreau of counsel), for respondent.

Rivera, J.P., Maltese, Ford and Taylor, JJ., concur.

In an action to foreclose a mortgage, the defendant Peter McFadden appeals from two orders of the Supreme Court, Suffolk County (Michael A. Gajdos, Jr., J.), both dated March 6, 2020. The first order, insofar as appealed from, granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Peter McFadden, to strike that defendant's answer and fifth and sixth affirmative defenses, and for an order...

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