US BANK N.A. v. RODE

2016-02175. Index No. 10745/11.

169 A.D.3d 1095 (2019)

94 N.Y.S.3d 634

2019 NY Slip Op 01446

US Bank National Association, as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates Series 2006-4, Respondent, v. Annmarie Rode, Also Known as Ann Marie Rode-Flynn and Another, Appellant, et al., Defendants.

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

Decided February 27, 2019.


Ordered that the order and judgment of foreclosure and sale is reversed, on the law, with costs, the plaintiff's motion, inter alia, for summary judgment on the complaint insofar as asserted against the defendant Annmarie Rode and for an order of reference is denied, and the orders entered March 31, 2015, and September 25, 2015, are modified accordingly.

In July 2011, the plaintiff commenced this mortgage foreclosure action against Annmarie Rode (hereinafter the defendant...

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