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WELLS FARGO BANK, N.A. v. CHEROT

2019-07731, 2019-10519. Index No. 3560/10.

197 A.D.3d 773 (2021)

150 N.Y.S.3d 597

2021 NY Slip Op 04779

Wells Fargo Bank, N.A., Respondent, v. Nicholas M. Cherot, Appellant, et al., Defendant.

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

Decided August 25, 2021.

Attorney(s) appearing for the Case

Clair & Gjertsen, White Plains, NY ( Mary Aufrecht of counsel), for appellant.

Hinshaw & Culbertson, LLP, New York, NY ( Matthew Ferlazzo of counsel), for respondent.

Chambers, J.P., Miller, Connolly and Brathwaite Nelson, JJ., concur.

Ordered that the appeal from the order entered April 25, 2019, is dismissed, as the portions of the order appealed from were superseded by the order entered May 24, 2019; and it is further,

Ordered that the order entered May 24, 2019, is affirmed; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

In January 2010, the plaintiff commenced this action against the defendant Nicholas M. Cherot (hereinafter the defendant), among...

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