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FEDERAL NATL. MTGE. ASSN. v. HEILPERN

2014-09627, 2014-09635. Index No. 8913/09.

164 A.D.3d 654 (2018)

83 N.Y.S.3d 279

2018 NY Slip Op 05752

Federal National Mortgage Association, Respondent, v. Yermi E. Heilpern et al., Appellants, et al., Defendants.

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

Decided August 15, 2018.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed, on the law, the plaintiff's motion for a judgment of foreclosure and sale is denied, those branches of the cross motion of the defendants Yermi E. Heilpern and Laya K. Heilpern which were to vacate an order of reference dated September 6, 2013, and pursuant to CPLR 3215 (c) to dismiss the complaint insofar as asserted

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