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BANK OF N.Y. v. DUTAN

2017-11405. Index No. 13739/09.

200 A.D.3d 636 (2021)

158 N.Y.S.3d 208

2021 NY Slip Op 06668

Bank of New York, Respondent, v. Segundo A. Dutan, Appellant, et al., Defendants.

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

Decided December 1, 2021.

Attorney(s) appearing for the Case

Berg Law Firm, LLC, Jamaica, NY ( Freddie J. Berg of counsel), for appellant.

McCabe Weisberg & Conway, LLC, New Rochelle, NY ( Franklin K. Chiu of counsel), for respondent.

LaSalle, P.J., Duffy, Ford and Dowling, JJ., concur.

Ordered that the order and judgment of foreclosure and sale is reversed, on the law, with costs, so much of the order entered August 24, 2015, as granted the plaintiff's motion to confirm the referee's report and for leave to enter a default judgement of foreclosure and sale, and denied those branches of the cross motion of the defendant Segundo A. Dutan which were pursuant to CPLR 5015(a)(4) to vacate the order of reference dated...

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