WELLS FARGO BANK, N.A. v. MIGLIO

2019-14124. Index No. 130256/10.

197 A.D.3d 776 (2021)

150 N.Y.S.3d 592

2021 NY Slip Op 04780

Wells Fargo Bank, N.A., Appellant, v. Janice Miglio et al., Defendants.

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

Decided August 25, 2021.


Attorney(s) appearing for the Case

Knuckles, Komosinski & Manfro, LLP, Fishkill, NY ( Louis A. Levithan and Alexander Zamenhof of counsel), for appellant.

Chambers, J.P., Brathwaite Nelson, Christopher and Ford, JJ., concur.


Ordered that the order is reversed, on the law, without costs or disbursements, and the plaintiff's unopposed motion, inter alia, to vacate the automatic stay of the action imposed by the death of the defendant Janice Miglio and to amend the caption to substitute for Janice Miglio her known and unknown heirs-at-law is granted.

In 2005, Paula Campiglia executed a consolidated mortgage in the amount of $150,000 encumbering real property located in Staten Island. Campiglia...

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