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BANK OF N.Y. MELLON v. FONTANA

2018-01190. Index No. 2019/12.

186 A.D.3d 445 (2020)

126 N.Y.S.3d 395

2020 NY Slip Op 04375

Bank of New York Mellon, Respondent, v. Leonard M. Fontana, Jr., et al., Appellants, et al., Defendants.

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

Decided August 5, 2020.

Ordered that the appeal by the defendant Catherine Fontana is dismissed, as no appeal lies from an order or judgment granted upon the default of the appealing party (see CPLR 5511); and it is further,

Ordered that the order and judgment of foreclosure and sale is reversed on the appeal by the defendant Leonard M. Fontana, Jr., on the law, the plaintiff's motion, in effect, to confirm the referee's report and for leave to enter a judgment of foreclosure and...

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