WELLS FARGO HOME MORTGAGE v. ACOSTA


32 A.D.3d 511 (2006)

822 N.Y.S.2d 83

WELLS FARGO HOME MORTGAGE, Respondent, v. DOMINGO ACOSTA et al., Defendants. GEORGE ANDREADIS, Nonparty Appellant; MICHAEL F. MONGELLI II et al., Nonparty Respondents.

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

August 22, 2006.


Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith, including a determination of the amount due to the appellant pursuant to his subordinate mortgage in the principal sum of $13,500 and for payment of the amount due out of the surplus.

At a foreclosure sale on April 4...

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