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WILMINGTON TRUST, N.A. v. PAPE

2019-03717. Index No. 606468/15.

192 A.D.3d 947 (2021)

140 N.Y.S.3d 712

2021 NY Slip Op 08278

Wilmington Trust, National Association, Respondent, v. Christopher Pape et al., Defendants, and 134 Eel Pot Alley, LLC, Appellant.

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

Decided March 17, 2021.

Attorney(s) appearing for the Case

Zimmerman Law, P.C., Huntington Station, NY ( Michael Zimmerman and Naomi Trainer of counsel), for appellant.

McCalla Raymer Leibert Pierce, LLC, New York, NY ( Jane H. Torcia of counsel), for respondent.

Dillon, J.P., Hinds-Radix, Brathwaite Nelson and Wooten, JJ., concur.

Ordered that the order and judgment of foreclosure and sale is reversed, on the law and in the exercise of discretion, with costs, that branch of the motion of the defendant 134 Eel Pot Alley, LLC, which was pursuant to CPLR 3012(d) for leave to interpose a late answer is granted, the plaintiff's motion to confirm the referee's report and for a judgment of foreclosure and sale is denied, and the order dated March 29, 2019, is modified accordingly.

On June 19, 2015...

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