EMC MTGE. CORP. v. TINARI

Not in source.

169 A.D.3d 1006 (2019)

94 N.Y.S.3d 593

2019 NY Slip Op 01392

EMC Mtge. Corp., Respondent, v. Frederick Tinari et al., Appellants, et al., Defendants.

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

Decided February 27, 2019.


Ordered that the judgment of foreclosure and sale is reversed insofar as appealed from, on the law, with costs, those branches of the plaintiff's motion which were for summary judgment on the complaint and for an order of reference are denied, and the orders entered August 14, 2015, are modified accordingly.

The defendants Frederick Tinari and Elizabeth Tinari (hereinafter together the appellants) executed an adjustable rate note in favor of WMC Mortgage Corporation...

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