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WELLS FARGO BANK, N.A. v. DIGIROLAMO

2018-13316. Index No. 35271/13.

185 A.D.3d 873 (2020)

125 N.Y.S.3d 572

2020 NY Slip Op 03945

Wells Fargo Bank, N.A., Respondent, v. Michael A. Digirolamo et al., Defendants, and Jaime A. Digirolamo, Appellant.

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

Decided July 15, 2020.

Cross motion by the plaintiff to dismiss the appeal on the ground that dismissal of a prior appeal for failure to perfect precludes consideration of the issues raised on this appeal pursuant to Bray v Cox (38 N.Y.2d 350 [1976]). By decision and order on motion of this Court dated June 19, 2019, the cross motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission...

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