WELLS FARGO BANK, N.A. v. STEWART

2015-11187, Index No. 21595/08.

146 A.D.3d 921 (2017)

2017 NY Slip Op 00339

45 N.Y.S.3d 207

WELLS FARGO BANK, N.A., Appellant, v. ELORA STEWART, Respondent, et al., Defendants.

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

Decided January 18, 2017.


Ordered that the order dated September 8, 2015, is reversed, on the law, with costs, the plaintiff's motion for a judgment of foreclosure and sale and to appoint a referee to conduct a sale of the subject premises is granted, and those branches of the cross motion of the defendant Elora Stewart which were pursuant to CPLR 5015 (a) (1) to vacate an order of reference of the same court dated May 21, 2014, entered upon her failure to answer the complaint, and for leave to serve...

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