WELLS FARGO BANK v. AUCAPINA

2018-13892. Index No. 49395/09.

193 A.D.3d 1106 (2021)

147 N.Y.S.3d 608

2021 NY Slip Op 02561

Wells Fargo Bank, Respondent, v. Blanca Aucapina et al., Appellants, et al., Defendants.

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

Decided April 28, 2021.


Attorney(s) appearing for the Case

Rosenberg & Pratt-Hewitt, LLP, Forest Hills, NY ( Lindsey A. Rosenberg of counsel), for appellants.

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

Dillon, J.P., Austin, Barros and Wooten, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the plaintiff's motion to consolidate this action with an action entitled Wells Fargo Bank, N.A. v Aucapina, pending in the same court under index No. 35482/12, for leave to enter a default judgment against the defendants Blanca Aucapina, Jaime Aucapina, and Luis Aucapina, and for an order of reference is denied, and that branch of those defendants' cross motion which was pursuant...

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