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AXIOM BANK v. DUTAN

2019-02375, 2020-00284. Index No. 705663/17.

190 A.D.3d 672 (2021)

135 N.Y.S.3d 912

2021 NY Slip Op 00141

AXIOM Bank, Respondent, v. Rodrigo Dutan et al., Appellants, et al., Defendants.

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

Decided January 13, 2021.

Attorney(s) appearing for the Case

Petroff Amshen LLP, Brooklyn, NY ( Serge F. Petroff , James Tierney , and Steven Amshen of counsel), for appellants.

Shapiro, DiCaro & Barak, LLC, Rochester, NY ( Ellis Oster of counsel), for respondent.

Mastro, A.P.J., Chambers, Iannacci and Wooten, JJ., concur.

Ordered that the appeal from the order 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.

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of the order and judgment of foreclosure and sale in the action (

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