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PNMAC MTGE. OPPORTUNITY FUND INVS., LLC v. TORRES

2016-10871, 2018-14844, 2018-14845, Index No. 20760/13.

175 A.D.3d 1335 (2019)

108 N.Y.S.3d 143

2019 NY Slip Op 06523

PNMAC Mortgage Opportunity Fund Investors, LLC, Respondent, v. Eliecer Torres et al., Defendants, and Arturo Torres, Appellant.

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

Decided September 11, 2019.

Attorney(s) appearing for the Case

Law Office of Maggio & Meyer, PLLC, Bohemia, NY ( Holly C. Meyer of counsel), for appellant.

Friedman Vartolo, LLP, New York, NY ( Ralph Vartolo of counsel), for respondent.

Leventhal, J.P., Roman, LaSalle and Christopher, JJ. concur.

Ordered that the appeals from the orders dated June 21, 2016, and September 20, 2018, are dismissed; and it is further,

Ordered that the judgment of foreclosure and sale is reversed, on the law, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Arturo Torres and for an order of reference are denied, the plaintiff's motion for a judgment of foreclosure and sale is denied, and the orders...

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