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WELLS FARGO BANK, N.A. v. BURKE

2015-07502, Index No. 11601/14.

155 A.D.3d 668 (2017)

64 N.Y.S.3d 228

2017 NY Slip Op 07631

WELLS FARGO BANK, N.A., as Successor by Merger to WELLS FARGO BANK MINNESOTA, N.A., as Trustee, Formerly Known as NORWEST BANK MINNESOTA, N.A., as Trustee for DELTA FUNDING HOME EQUITY LOAN TRUST 1997-3, Respondent, v. WILLIAM P. BURKE, JR., et al., Appellants, et al., Defendants.

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

Decided November 1, 2017.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the motion of the defendants William P. Burke, Jr., and Susan C. Burke which were pursuant to CPLR 3211 (a) (5) and (7) to dismiss the complaint insofar as asserted against them and to cancel the notice of pendency are granted; and it is further,

Ordered that the Nassau County Clerk is directed to cancel the notice of pendency dated December 2, 2014.

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