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PASSARIELLO v. BANK OF NEW YORK MELLON

No. 3D21-1674.

347 So.3d 446 (2022)

Neida PASSARIELLO, et al., Appellants, v. The BANK OF NEW YORK MELLON, etc., Appellee.

District Court of Appeal of Florida, Third District.

Opinion filed July 20, 2022.

Attorney(s) appearing for the Case

Pomeranz & Associates, P.A., and Mark L. Pomeranz (Hallandale), for appellants.

Van Ness Law Firm, PLC, and Morgan L. Weinstein (Fort Lauderdale), for appellee.

Before FERNANDEZ, C.J., and EMAS and SCALES, JJ.

Neida and Jose Passariello ("borrowers"), the defendants below, appeal a final summary judgment of foreclosure in favor of the plaintiff below, Bank of New York Mellon ("bank"). The sole issue presented on appeal is whether Neida Passariello's affidavit in opposition to the bank's motion for summary judgment created a genuine issue of material...

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