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WELLS FARGO BANK, N.A. v. FERRATO

850034/15. 11561A. 850294/17. 11561.

183 A.D.3d 529 (2020)

122 N.Y.S.3d 884

2020 NY Slip Op 03067

Wells Fargo Bank, N.A., Appellant, v. Donna Ferrato, Respondent, et al., Defendants. Wells Fargo Bank, N.A., Respondent, v. Donna Ferrato, Appellant, et al., Defendants.

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

Decided May 28, 2020.

Plaintiff Wells Fargo Bank failed to affirmatively revoke the acceleration of defendant's mortgage debt, as mere voluntary discontinuance of a foreclosure action is insufficient, in itself, to constitute an affirmative act of revocation (see Wells Fargo Bank, N.A. v Liburd, 176 A.D.3d 464, 464 [1st Dept 2019]; see also HSBC Bank USA v Kirschenbaum, 159 A.D.3d 506, 507 [1st Dept 2018]). Wells Fargo admitted that its primary...

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