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CITIMORTGAGE, INC. v. SELLER

2018-11136, 2018-11138. Index No. 54189/15.

187 A.D.3d 1132 (2020)

131 N.Y.S.3d 575

2020 NY Slip Op 06096

Citimortgage, Inc., Respondent, v. Daniel Allen Seller et al., Appellants, et al., Defendants.

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

Decided October 28, 2020.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment of foreclosure and sale is reversed, on the law, those branches of the plaintiff's motion which were to confirm the referee's report and for a judgment of foreclosure and sale are denied, the referee's report is rejected, the order is modified accordingly, and the matter is remitted to the Supreme Court, Westchester County, for a new report computing the amount due to...

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