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BANK OF AMERICA, NA v. NOCELLA

2018-12433, 2018-12434. Index No. 37882/11.

194 A.D.3d 900 (2021)

2021 NY Slip Op 03159

Bank of America, NA, Respondent, v. Kathleen O. Nocella et al., Defendants. Henry Irving, LLC, Nonparty Appellant.

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

Decided May 19, 2021.

Attorney(s) appearing for the Case

Lester & Associates, P.C. (Mavrides, Moyal, Packman & Sadkin, LLP, Lake Success, NY [ Tal Z. Stanecky ], of counsel), for nonparty-appellant.

Frenkel Lambert Weiss Weisman & Gordon, LLP, Bay Shore, NY ( Ruth O'Connor of counsel), for respondent.

Dillon, J.P., LaSalle, Connolly and Wooten, JJ., concur.

Ordered that the first order is modified, on the law, (1) by deleting the provision thereof granting that branch of the plaintiff's motion which was for an order of reference, and substituting therefor a provision denying that branch of the motion, and (2) by deleting the provision thereof denying that branch of the cross motion of nonparty Henry Irving, LLC, which was for leave to intervene in the action, and substituting therefor...

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