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WELLS FARGO BANK, N.A. v. BURKE

2016-10638. Index No. 11403/11.

166 A.D.3d 1054 (2018)

88 N.Y.S.3d 449

2018 NY Slip Op 08173

Wells Fargo Bank, N.A., Respondent, v. Brian Burke et al., Defendants, and Lisa Burke, Appellant.

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

Decided November 28, 2018.

Ordered that the judgment of foreclosure and sale is affirmed insofar as appealed from, with costs.

The plaintiff commenced this foreclosure action against the defendants Brian Burke and Lisa Burke (hereinafter together the defendants), among others, on April 6, 2011. In their verified answer, the defendants raised the defense of lack of standing. The plaintiff moved, inter alia, for summary judgment on the complaint and to appoint a referee. The defendants opposed...

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