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WILMINGTON SAV. v. MATAMORO

2019-00715, 2019-10294. Index No. 10521/14.

200 A.D.3d 79 (2021)

2021 NY Slip Op 05741

WILMINGTON SAVINGS FUND SOCIETY, FSB, Respondent, v. JOANNE MATAMORO et al., Appellants, et al., Defendants.

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

Decided October 20, 2021.

Attorney(s) appearing for the Case

The Virgo Law Firm, Brooklyn ( Samantha Virgo of counsel), for appellants.

Friedman Vartolo LLP, New York City ( Zachary Gold of counsel), for respondent.

LASALLE, P.J., and CONNOLLY, J., concur with DILLON, J.; BARROS, J., concurs in part and dissents in part.

OPINION OF THE COURT

This appeal implicates the extent to which there is interplay between a CPLR 3211(a) motion to dismiss in the context of a residential mortgage foreclosure action, the attorney certification requirements of CPLR 3012-b, and the moving party's burden of proof. For reasons analyzed below, we hold that a defendant...

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