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CITIMORTGAGE, INC. v. SALKO

2018-02512, 2018-07560, Index No. 65041/14.

179 A.D.3d 1009 (2020)

119 N.Y.S.3d 241

2020 NY Slip Op 00566

CitiMortgage, Inc., Plaintiff/Counterclaim Defendant-Respondent, v. David Salko, Defendant/Counterclaim Plaintiff-Appellant, et al., Defendants. Nilsa Salko, Additional Counterclaim Plaintiff.

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

Decided January 29, 2020.

Ordered that the appeal from the order dated January 16, 2018, is dismissed, as the portions of the order appealed from were superseded by the order dated June 14, 2018; and it is further,

Ordered that on the Court's own motion, the notice of appeal from so much of the order dated June 14, 2018, as, sua sponte, revoked the previous acceleration of the mortgage debt and directed that the mortgage remain an installment contract is deemed to be an application for leave...

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