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WELLS FARGO BANK, N.A. v. McCARTHY

2019-04782, 2019-04783. Index No. 11586/11.

195 A.D.3d 983 (2021)

2021 NY Slip Op 04054

Wells Fargo Bank, N.A., Appellant, v. John McCarthy et al., Respondents, et al., Defendants.

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

Decided June 23, 2021.

Attorney(s) appearing for the Case

Shapiro, DiCaro & Barak, LLC (Reed Smith LLP, New York, NY [ Andrew B. Messite and Michael V. Margarella ], of counsel), for appellant.

Somer & Heller, LLP, Commack, NY ( Jeffrey T. Heller of counsel), for respondents.

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

Ordered that the order dated July 11, 2018, is reversed insofar as appealed from, on the facts and in the exercise of discretion, and the plaintiff's motion pursuant to CPLR 306-b for an extension of time to serve the summons and complaint upon the defendants John McCarthy and Lorraine L. McCarthy is granted; and it is further,

Ordered that the order dated December 18, 2018, is reversed, on the facts and in the exercise...

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