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BANK OF N.Y. MELLON v. DAVIS

2018-01773, 2018-01784. Index No. 602825/15.

193 A.D.3d 803 (2021)

142 N.Y.S.3d 415

2021 NY Slip Op 02267

Bank of New York Mellon, Respondent, v. Ann Marie Davis et al., Appellants.

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

Decided April 14, 2021.

Attorney(s) appearing for the Case

Stephen C. Silverberg, PLLC, Uniondale, NY, for appellants.

Rivera, J.P., Chambers, Iannacci and Wooten, JJ., concur.

Ordered that the appeal from the order dated November 6, 2017, is dismissed; and it is further,

Ordered that the judgment of foreclosure and sale is reversed, on the law, the plaintiff's motion to confirm the referee's report and for a judgment of foreclosure and sale is denied, that branch of the defendants' cross motion which was to reject the referee's report is granted, the referee's report is rejected, the order dated November 6, 2017, is modified accordingly...

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