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BANK OF N.Y. MELLON v. CARBONE

2018-14701, 2018-14702. Index No. 5837/15.

190 A.D.3d 803 (2021)

136 N.Y.S.3d 783

2021 NY Slip Op 00283

Bank of New York Mellon, Respondent, v. Louis Carbone et al., Appellants, et al., Defendants.

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

Decided January 20, 2021.

Attorney(s) appearing for the Case

Lawrence Katz , Valley Stream, NY, for appellants.

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

Mastro, A.P.J., Austin, Hinds-Radix and Wooten, JJ., concur.

Ordered that the appeal from the order entered September 19, 2018, is dismissed; and it is further,

Ordered that the order and judgment of foreclosure and sale is reversed, on the law, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants Louis Carbone and Denise Carbone and for an order of reference are denied, the plaintiff's motion to confirm...

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