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WILMINGTON TRUST, NATIONAL ASSOCIATION v. DONADIO

2020-08830. Index No. 33365/18.

218 A.D.3d 519 (2023)

192 N.Y.S.3d 236

2023 NY Slip Op 03724

Wilmington Trust, National Association, Appellant, v. Anthony J. Donadio, Jr., et al., Defendants.

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

Decided July 5, 2023.

Attorney(s) appearing for the Case

Friedman Vartolo, LLP, New York, NY (Ronald P. Labeck of counsel), for appellant.

Barros, J.P., Miller, Genovesi and Wan, JJ., concur.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Rockland County (Robert M. Berliner, J.), dated October 9, 2020. The order, insofar as appealed from, denied those branches of the plaintiff's unopposed motion which were for summary judgment on the complaint insofar as asserted against the defendants Anthony J. Donadio, Jr., and Kimberly C. Donadio, to strike their first and seventh affirmative defenses, and for an order of reference...

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