| Bank of N.Y. Mellon v Arussy |
| 2020 NY Slip Op 06082 [187 AD3d 1110] |
| October 28, 2020 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Bank of New York Mellon, Appellant, v Chana Arussy, Respondent, et al., Defendants. |
Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, Bay Shore, NY (Ruth O'Connor of counsel), for appellant.
In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Noach Dear, J.), dated June 14, 2018. The order, insofar as appealed from, denied those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Chana Arussy, to strike her answer, affirmative defenses, and counterclaims, and for an order of reference.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
For the reasons stated in Bayview Loan Servicing, LLC v Kelly (166 AD3d 843 [2018]), we agree with the Supreme Court's determination denying those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Chana Arussy, to strike her answer, affirmative defenses, and counterclaims, and for an order of reference. Leventhal, J.P., LaSalle, Brathwaite Nelson and Iannacci, JJ., concur.