PNC Bank, N.A. v Hendler, 2020 NY Slip Op 01945 [181 AD3d 844]

March 18, 2020

Appellate Division, Second Department

[*1]

PNC Bank, National Association, Successor by Merger to National City Bank, Successor by Merger to National City Mortgage Co., Respondent,

v

Jeffery Hendler et al., Appellants, et al., Defendants.

Menashe & Associates LLP, Montebello, NY (Shoshana Schneider of counsel), for appellant Jeffery Hendler.

Feuerstein Kulick LLP, New York, NY (Daniel J. Brown of counsel), for appellant Julia Hendler.

LeClairRyan PLLC, New York, NY (Brandon L. Wolff of counsel), for respondent.

In an action to foreclose a mortgage, the defendants Jeffrey Hendler and Julia Hendler separately appeal from an order of the Supreme Court, Rockland County (Thomas E. Walsh II, J.), dated April 3, 2018. The 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 those defendants, to strike their answer, affirmative defenses, and counterclaims, and for an order of reference.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

For reasons set forth in HSBC Bank USA, N.A. v Ozcan (154 AD3d 822 [2017]), we affirm the order dated April 3, 2018, insofar as appealed from. Balkin, J.P., Chambers, Cohen and Connolly, JJ., concur..