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WELLS FARGO BANK, N.A. v. QUINCHE

2018-03591, 2018-03592. Index No. 30832/13.

189 A.D.3d 1671 (2020)

135 N.Y.S.3d 269

2020 NY Slip Op 08108

Wells Fargo Bank, N.A., Respondent, v. Ruth Quinche, Appellant, et al., Defendants.

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

Decided December 30, 2020.

Attorney(s) appearing for the Case

Fred M. Schwartz , Smithtown, NY, for appellant.

Woods Oviatt Gilman LLP (Reed Smith LLP, New York, NY [ Andrew B. Messite and Joseph S. Jacobs ], of counsel), for respondent.

Mastro, J.P., LaSalle, Connolly and Wooten, JJ., concur.

Ordered that the orders are affirmed, with costs.

In November 2013, the plaintiff commenced this action to foreclose a mortgage encumbering certain residential real property owned by the defendant Ruth Quinche (hereinafter the defendant). The defendant asserted as affirmative defenses, inter alia, that the plaintiff failed to serve her with a notice of default and failed to comply with RPAPL 1304. The plaintiff moved for summary judgment on the complaint insofar as...

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