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WELLS FARGO BANK, N.A. v. BOWIE

2010-08610.

89 A.D.3d 931 (2011)

932 N.Y.S.2d 702

2011 NY Slip Op 8352

WELLS FARGO BANK, N.A., as Trustee for the MLMI TRUST SERIES 2005-FMI, Respondent, v. PATRICK BOWIE et al., Defendants, and FIRCY A. NUNEZ, on Behalf of the Estate of FERMINA NUNEZ, Deceased, Appellant.

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

Decided November 15, 2011.

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

The defendant Fircy A. Nunez (hereinafter the appellant) took title to the real property at issue in this matter, subject to the mortgage given by the defendant Patrick Bowie and held by the plaintiff. The plaintiff subsequently brought this foreclosure action on that mortgage. The plaintiff moved, inter alia, for summary judgment on the complaint insofar as asserted against the appellant, and...

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