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WELLS FARGO BANK, N.A. v. ATEDGI

2017-07513, 2019-07737. Index No. 14776/09.

189 A.D.3d 934 (2020)

137 N.Y.S.3d 424

2020 NY Slip Op 07247

Wells Fargo Bank, N.A., Respondent, v. Moshe Atedgi, Appellant, et al., Defendants.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Joseph A. Altman, P.C., Bronx, NY, for appellant.

Frenkel Lambert Weiss Weisman & Gordon, LLP (Reed Smith LLP, New York, NY [ Andrew B. Messite and Michael V. Margarella ], of counsel), for respondent.

Balkin, J.P., Leventhal, Barros and Wooten, JJ., concur.

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

Ordered that the order and judgment of foreclosure and sale is reversed, on the law, with costs, the plaintiff's motion, inter alia, for summary judgment on the complaint is denied, and the order dated May 30, 2017, is modified accordingly.

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of the order and judgment of foreclosure...

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