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WELLS FARGO BANK, N.A. v. BAKTH

2017-05910. Index No. 701831/15.

189 A.D.3d 1315 (2020)

134 N.Y.S.3d 192

2020 NY Slip Op 07625

Wells Fargo Bank, N.A., Respondent, v. Achwad Bakth, Appellant, et al., Defendants.

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

Decided December 16, 2020.

Attorney(s) appearing for the Case

Petroff Amshen LLP, Brooklyn, NY ( Serge F. Petroff , James Tierney , and Steven Amshen of counsel), for appellant.

Reed Smith LLP, New York, NY ( Zalika T. Pierre of counsel), for respondent.

Rivera, J.P., Maltese, Brathwaite Nelson and Iannacci, JJ., concur.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that the motion is granted and, upon reargument, the decision and order of this Court dated February 26, 2020 (Wells Fargo Bank, N.A. v Bakth, 180 A.D.3d 1106 [2020]), is recalled and vacated, and the following decision and order is substituted therefor nunc pro tunc to February 26, 2020:

In an action to foreclose a mortgage, the defendant Achwad...

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