JP MORGAN CHASE BANK, N.A. v. AGNELLO


62 A.D.3d 662 (2009)

878 N.Y.S.2d 397

JP MORGAN CHASE BANK, N.A., Appellant, v. CARMINE AGNELLO, et al., Defendants and VICTORIA GOTTI, Also Known as VICTORIA AGNELLO, Respondent.

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

Decided May 5, 2009.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, upon reargument, the order dated October 23, 2007 is vacated, and those branches of the plaintiff's motion which were for summary judgment on the complaint and for appointment of a referee to compute the amount due it, and to examine and report whether the mortgaged premises can be sold in one parcel, are granted.

The plaintiff established its prima facie entitlement to judgment as...

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