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BANK OF AMERICA v. EVANSON

2018-03702, 2018-13761. Index No. 29046/13.

199 A.D.3d 973 (2021)

154 N.Y.S.3d 798

2021 NY Slip Op 06601

Bank of America, N.A., Plaintiff, v. Michelle Evanson, Appellant, et al., Defendants. Bayview Loan Servicing, LLC, Nonparty Respondent. (Appeal No. 1.). Bayview Loan Servicing, LLC, Respondent, v. Michelle Evanson, Appellant, et al., Defendants. (Appeal No. 2.).

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

Decided November 24, 2021.

Attorney(s) appearing for the Case

The Ranalli Law Group, PLLC, Hauppauge, NY ( Ernest E. Ranalli of counsel), for appellant.

Adam Leitman Bailey, P.C., New York, NY ( Jackie Halpern Weinstein of counsel), for nonparty-respondent in Appeal No. 1 and respondent in Appeal No. 2.

Chambers, J.P., Miller, Iannacci and Ford, JJ., concur.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the order and judgment of foreclosure and sale is reversed insofar as appealed from, on the law, those branches of the motion of Bayview Loan Servicing, LLC, which were for summary judgment on the complaint insofar as asserted against the defendant Michelle Evanson, to strike that defendant's answer, and for an order of reference are denied...

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