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WELLS FARGO BANK, N.A. v. NESCI

2017-09276, 2017-09277. Index No. 2185/14.

186 A.D.3d 1584 (2020)

131 N.Y.S.3d 107

2020 NY Slip Op 05087

Wells Fargo Bank, N.A., Respondent, v. Danielle Nesci et al., Appellants, et al., Defendants.

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

Decided September 23, 2020.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

The defendants Danielle Nesci and Joseph Nesci (hereinafter together the defendants) executed and delivered to Wachovia Mortgage Corporation (hereinafter Wachovia) a promissory note and mortgage encumbering real property located in Carmel. On October 14, 2009, Wachovia commenced an action (hereinafter the prior action) to foreclose the...

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