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WILMINGTON SAVINGS FUND SOCIETY, FSB v. GUSTAFSON

327 CA 17-01674.

160 A.D.3d 1409 (2018)

76 N.Y.S.3d 328

2018 NY Slip Op 02954

Wilmington Savings Fund Society, FSB, Doing Business as Christiana Trust, Not Individually But as Trustee for Pretium Mortgage Acquisition Trust, Appellant, v. Steven E. Gustafson et al., Respondents, et al., Defendants.

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

Decided April 27, 2018.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the complaint against defendants Steven E. Gustafson and Pam L. Gustafson is reinstated.

Memorandum: Plaintiff commenced this mortgage foreclosure action in April 2016, alleging that Steven E. Gustafson and Pam L. Gustafson (defendants) defaulted in the payment of their mortgage in May 2009 and in each subsequent month

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