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COUNTRYWIDE HOME LOANS, INC. v. VITTORIO

2017-04386. Index No. 11399/08.

178 A.D.3d 1017 (2019)

2019 NY Slip Op 09253

Countrywide Home Loans, Inc., Respondent, v. Nicholas Vittorio, Appellant, et al., Defendants.

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

Decided December 24, 2019.

Attorney(s) appearing for the Case

Charles R. Cuneo , P.C., Huntington, NY, for appellant.

Leopold & Associates, PLLC, Armonk, NY ( Erin E. Wietecha and Matt Lizotte of counsel), for respondent.

Rivera, J.P., Dillon, Roman and Duffy, JJ., concur.

Ordered that the judgment is reversed, on the law, with costs, the plaintiff's motion pursuant to CPLR 5015(a)(1) to vacate the order dated December 1, 2015, and to restore the action to the calendar is denied, and the order dated March 1, 2017, is modified accordingly.

On June 20, 2008, the plaintiff, Countrywide Home Loans, Inc., commenced this action, inter alia, to foreclose on a mortgage given by the defendant Nicholas Vittorio (hereinafter the defendant). The...

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