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BANK OF NEW YORK v. STEIN

2014-05779, 2015-00245

130 A.D.3d 552 (2015)

13 N.Y.S.3d 458

2015 NY Slip Op 05628

BANK OF NEW YORK, as Trustee for the CERTIFICATE HOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2005-J11 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-J11, Respondent, v. JOHN STEIN et al., Defendants, and DIANE CRICCHIO STEIN, Formerly Known as DIANE CRICCHIO, Appellant.

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

Decided July 1, 2015.

Ordered that the appeal from order dated November 15, 2013, is dismissed, as that order was superseded by that portion of the order dated September 30, 2014, which was made upon reargument; and it is further,

Ordered that the order dated September 30, 2014, is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

Contrary to the appellant's contention, the Supreme Court providently exercised...

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