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BANK ONE NATIONAL ASSOCIATION v. OSORIO

62 A.D.3d 735 (2009)

877 N.Y.S.2d 916

BANK ONE NATIONAL ASSOCIATION, Formerly Known as FIRST NATIONAL BANK OF CHICAGO, as Trustee, Appellant, v. MICHELLE NAPIER OSORIO et al., Defendants. ANDRES RAMOS, Intervenor-Respondent.

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

Decided May 12, 2009.

Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

The plaintiff bank commenced this action to foreclose a mortgage on certain real property. A judgment of foreclosure and sale was granted on default, and the subject property was sold at auction. However, the judgment of foreclosure and sale was vacated and the sale set aside based on the plaintiff's failure to serve a necessary party (see Bank One Natl. Assn. v Osorio,

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