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WILMINGTON TRUST, N.A. v. MODICA

2019-08995, 2019-13481. Index No. 8858/07.

189 A.D.3d 1675 (2020)

134 N.Y.S.3d 815

2020 NY Slip Op 08110

Wilmington Trust, National Association, Respondent, v. Antoinette Modica et al., Appellants, et al., Defendants.

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

Decided December 30, 2020.

Attorney(s) appearing for the Case

Stephen C. Dachtera , South Richmond Hill, NY, for appellants.

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

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

Ordered that the appeal from the order entered November 15, 2017, is dismissed; and it is further,

Ordered that the order and judgment of foreclosure and sale is affirmed; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

Initially, we reject the plaintiff's contention that the appeal from the order entered November 15, 2017, should be dismissed as untimely taken. The plaintiff...

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