Opinion
2018–11472 Index No. 39895/09
05-27-2020
US BANK NATIONAL ASSOCIATION, etc., Respondent, v. Margaret G. DINEEN, etc., Appellant, et al., Defendants.
Charles Wallshein, Melville, NY, for appellant. RAS Boriskin, LLC, Westbury, N.Y. (Joseph F. Battista and Leah Lenz of counsel), for respondent.
Charles Wallshein, Melville, NY, for appellant.
RAS Boriskin, LLC, Westbury, N.Y. (Joseph F. Battista and Leah Lenz of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., JOHN M. LEVENTHAL, COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Margaret G. Dineen and for an order of reference are denied.
For reasons stated in Nationstar HECM Acquisition Trust 2015–2, Wilmington Sav. Fund Socy., FSB v. Andrews, 167 A.D.3d 1025, 91 N.Y.S.3d 435, we reverse the order insofar as appealed from and deny those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Margaret G. Dineen and for an order of reference.
CHAMBERS, J.P., LEVENTHAL, DUFFY and BRATHWAITE NELSON, JJ., concur.