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FARGO v. TYSON

2010-03292.

82 A.D.3d 757 (2011)

917 N.Y.S.2d 914

WELLS FARGO, as Trustee for CARRINGTON MORTGAGE LOAN TRUST SERIES 2006-NC4, Appellant, v. STEVEN E. TYSON et al., Respondent, et al., Defendants. WELLS FARGO BANK, N.A., Nonparty Appellant.

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

Decided March 1, 2011.

Ordered that the appeal by the plaintiff is dismissed, as it is not aggrieved by the judgment (see CPLR 5511); and it is further,

Ordered that the judgment is reversed, on the law, without costs or disbursements.

Wells Fargo Bank, N.A., was not a party to the action resulting in the judgment from which it appeals. Moreover, it had no notice of the action. Accordingly, the Supreme Court was not authorized to...

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