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Appellate Division, Second Department: April 7, 2023

Handdown List released on:April 5, 2023

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By Duffy, J.P.; Nelson, Iannacci, Wooten, JJ.

CITIBANK, N.A., ETC., res, v. BARBARA HERMAN, app, ET AL., def — (Index No. 608313/15) Abrams Fensterman, LLP, Lake Success, NY (Christopher A. Gorman of counsel), for appellant. Eckert Seamans Cherin & Mellott, LLC, White Plains, NY (Kenneth J. Flickinger of counsel), for respondent. In an action to foreclose a mortgage, the defendant Barbara Herman appeals from an order of the Supreme Court, Suffolk County (William B. Rebolini, J.), dated May 15, 2019. The order, insofar as appealed from, granted those branches of the plaintiff’s motion which were to strike the affirmative defenses of the defendant Barbara Herman alleging lack of standing and failure to comply with RPAPL 1304, and denied that defendant’s cross-motion for summary judgment dismissing the complaint insofar as asserted against her. ORDERED that the order is modified, on the law, by deleting the provision thereof granting that branch of the plaintiff’s motion which was to strike the affirmative defense of the defendant Barbara Herman alleging that the plaintiff failed to comply with RPAPL 1304, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the defendant Barbara Herman.

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