BAYVIEW LOAN SERVICING, LLC v. TADDEO

2019-12394. Index No. 3765/11.

199 A.D.3d 749 (2021)

157 N.Y.S.3d 82

2021 NY Slip Op 06147

Bayview Loan Servicing, LLC, Appellant, v. Frank A. Taddeo, Respondent, et al., Defendants.

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

Decided November 10, 2021.


Attorney(s) appearing for the Case

Gross Polowy, LLC, Westbury, NY ( Stephen J. Vargas of counsel), for appellant.

Austin, J.P., Duffy, Barros and Wooten, JJ., concur.


Ordered that the order dated June 10, 2019, is reversed, on the law, with costs, and the plaintiff's motion to vacate the order dated May 3, 2018, is granted.

On July 20, 2007, the defendant Frank Taddeo executed a note in the amount of $235,500 in favor of nonparty Washington Mutual Bank, FA (hereinafter WaMu). The note was secured by a mortgage on certain real property in Dutchess County.

On June 9, 2011, JPMorgan...

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