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U.S. ROF III LEGAL TIT. TRUST 2015-1 v. JOHN

2019-10348, 2019-10355. Index No. 7431/11.

189 A.D.3d 1645 (2020)

140 N.Y.S.3d 59

2020 NY Slip Op 08099

U.S. Rof III Legal Title Trust 2015-1, Respondent, v. Kunjamma C. John, Appellant, and Sperry Associates Federal Credit Union, Respondent, et al., Defendants.

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

Decided December 30, 2020.

Attorney(s) appearing for the Case

Hogan & Cassell, LLP, Jericho, NY ( Michael Cassell of counsel), for appellant.

Adam Leitman Bailey, P.C., New York, NY ( Jaclyn Halpern Weinstein and Jeffrey R. Metz of counsel), for plaintiff-respondent.

Scott A. Rosenberg , P.C., Garden City Park, NY, for defendant-respondent.

Mastro, J.P., Chambers, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the appeal from the order entered May 31, 2019, is dismissed; and it is further,

Ordered that the amended 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 are denied, that branch of the cross motion of the defendant Kunjamma C. John which was pursuant to CPLR 4403 to reject the referee's report is granted...

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