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U.S. BANK TRUST, N.A. v. VANTERPOOL

2017-13012, 2018-04680. Index No. 52849/16.

189 A.D.3d 1516 (2020)

139 N.Y.S.3d 233

2020 NY Slip Op 07946

U.S. Bank Trust, N.A., Respondent, v. Goeto Vanterpool et al., Appellants, et al., Defendants. Kimberly Richardson, Nonparty Appellant.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

Brian McCaffrey Attorney at Law, P.C., Jamaica, NY, for defendants-appellants and nonparty-appellant.

Gross Polowy, LLC, Westbury, NY ( Stephen J. Vargas of counsel), for respondent.

Rivera, J.P., Roman, Duffy and Barros, JJ., concur.

Ordered that the order and judgment of foreclosure and sale is reversed, on the law, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants Goeto Vanterpool and Rosa Chalas and to appoint a referee to ascertain and compute the amount due to it are denied, the plaintiff's motion to confirm the referee's report and for a judgment of foreclosure and sale is denied, and the orders dated November 28...

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