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BANK OF N.Y. v. HARPER

2018-10569, Index No. 24566/07.

176 A.D.3d 907 (2019)

110 N.Y.S.3d 736

2019 NY Slip Op 07378

Bank of New York, Appellant, v. Heather Y. Harper et al., Defendants.

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

Decided October 16, 2019.

Attorney(s) appearing for the Case

Akerman LLP, New York, NY ( Ashley S. Miller and Jordan M. Smith of counsel), for appellant.

Dustin Bowman , Kew Gardens, NY ( Mark Anderson of counsel), for defendant Heather Y. Harper.

Austin, J.P., Barros, Connolly and Iannacci, JJ., concur.

Ordered that the order dated June 27, 2014, is reversed, on the law, without costs or disbursements, and the plaintiff's motion to vacate the order dated November 21, 2012, and to restore the action to the calendar is granted.

The defendant borrower, Heather Y. Harper (hereinafter the defendant), executed the subject note and mortgage on March 10, 2006. The plaintiff commenced the instant foreclosure action on August 9...

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