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HUDSON CITY SAV. BANK v. DePASQUALE

2019-06653, 2019-06654. Index No. 59466/15.

189 A.D.3d 1558 (2020)

139 N.Y.S.3d 645

2020 NY Slip Op 08047

Hudson City Savings Bank, Respondent, v. Neil H. DePasquale et al., Appellants.

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

Decided December 30, 2020.

Attorney(s) appearing for the Case

Clair & Gjertsen, White Plains, NY ( Brett M. Milchman of counsel), for appellants.

Rivera, J.P., Cohen, Hinds-Radix and Iannacci, JJ., concur.

Ordered that the appeal from the order dated September 27, 2017, is dismissed; and it is further,

Ordered that the judgment of foreclosure and sale is reversed, on the law, the plaintiff's motion to confirm the referee's report and for a judgment of foreclosure and sale is denied, the order dated September 27, 2017, is modified accordingly, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings consistent herewith; and it is further...

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