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U.S. BANK TRUST, N.A. v. ROSE

2017-01162, 2017-06949, Index No. 297/16.

176 A.D.3d 1012 (2019)

110 N.Y.S.3d 700

2019 NY Slip Op 07440

U.S. Bank Trust, N.A., Respondent, v. Charles L. Rose et al., Appellants, et al., Defendants.

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

Decided October 16, 2019.

Attorney(s) appearing for the Case

Jones Law, P.C., Florida, NY ( Douglas M. Jones of counsel), for appellants.

Stern & Eisenberg, P.C., Depew, NY ( Anthony P. Scali of counsel), for respondent.

Mastro, J.P., Roman, Connolly and Iannacci, JJ., concur.

Ordered that the appeal from the amended order is 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 defendants Charles L. Rose and Jennifer Leigh Rose, for an order of reference, and to strike those defendants' answer are denied, the amended order dated December 21, 2016, is modified accordingly...

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