WELLS FARGO BANK, N.A. v. ELSMAN

2016-07068, Index No. 4900/12.

179 A.D.3d 867 (2020)

117 N.Y.S.3d 257

2020 NY Slip Op 00321

Wells Fargo Bank, N.A., Respondent, v. Kenneth M. Elsman, Appellant, et al., Defendants.

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

Decided January 15, 2020.


Ordered that the order and judgment of foreclosure and sale is reversed, on the law, with costs, the plaintiff's motion for summary judgment on the complaint insofar as asserted against the defendant Kenneth M. Elsman and for an order of reference is denied, the plaintiff's motion for a judgment of foreclosure and sale is denied, and the order entered January 15, 2015, is modified accordingly.

The plaintiff, Wells Fargo Bank, N.A. (hereinafter Wells Fargo), commenced...

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