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BANK OF AM., N.A. v. GOWRIE

2015-11815, Index No. 6216/09.

155 A.D.3d 995 (2017)

64 N.Y.S.3d 584

2017 NY Slip Op 08346

BANK OF AMERICA, N.A., Successor by Merger to LASALLE BANK NATIONAL ASSOCIATION, as Trustee for MORGAN STANLEY MORTGAGE LOAN TRUST 2006-13-ARX, Respondent, v. SAMUEL L. GOWRIE et al., Appellants, et al., Defendants.

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

Decided November 29, 2017.

Ordered that the order dated February 26, 2015, is affirmed insofar as appealed from, with costs.

Contrary to the appellants' contention, the Supreme Court providently exercised its discretion in granting those branches of the plaintiff's motion which were to vacate a prior order of reference and a judgment of foreclosure and sale (see CPLR 5015 [a] [5]; Bank of N.Y. Mellon v Casale, 140 A...

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