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WELLS FARGO BANK, N.A. v. RINDERMAN

2018-06326. Index No. 130387/12.

190 A.D.3d 885 (2021)

136 N.Y.S.3d 755

2021 NY Slip Op 00325

Wells Fargo Bank, N.A., Respondent, v. Leunora Rinderman, Appellant, et al., Defendants.

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

Decided January 20, 2021.

Attorney(s) appearing for the Case

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

Peter T. Roach & Associates, P.C., Syosset, NY ( Michael C. Manniello of counsel), for respondent.

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

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Richmond County, for a hearing to determine whether the defendant Leunora Rinderman was properly served with process and a new determination thereafter of those branches of her motion which were pursuant to CPLR 5015(a)(4) to vacate the judgment of foreclosure and sale and pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted...

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