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WILMINGTON SAV. FUND SOCY., FSB v. MORIARTY-GENTILE

2019-09837, 2019-10367. Index No. 601868/15.

190 A.D.3d 890 (2021)

140 N.Y.S.3d 538

2021 NY Slip Op 00328

Wilmington Savings Fund Society, FSB, Respondent, v. Cathy Moriarty-Gentile 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

Charles Wallshein , Melville, NY, for appellants.

Jeffrey A. Kosterich, LLC, Tuckahoe, NY ( Rajdai D. Singh of counsel), for respondent.

Rivera, J.P., Hinds-Radix, Duffy and Brathwaite Nelson, JJ., concur.

Ordered that the order and judgment of foreclosure and sale is reversed, on the law, without costs or disbursements, the plaintiff's motion to confirm the referee's report is denied, the referee's report is rejected, and the matter is remitted to the Supreme Court, Suffolk County, for a new report computing the amount due to the plaintiff, followed by further proceedings in accordance with CPLR 4403 and the entry of an appropriate...

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