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SIGNATURE BANK v. EPSTEIN

2011-06861.

95 A.D.3d 1199 (2012)

945 N.Y.S.2d 347

2012 NY Slip Op 3996

SIGNATURE BANK, Appellant, v. ARLENE L. EPSTEIN et al., Respondents.

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

Decided May 23, 2012.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the defendants' motion which were, in effect, pursuant to CPLR 5015 (a) (4) to vacate the judgment of foreclosure and sale dated July 14, 2009, and to dismiss the complaint are denied.

In 2004 the defendants executed and delivered to the plaintiff a home equity line agreement providing for a home equity line of credit...

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