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CENTRAL MTGE. CO. v. RESHEFF

2019-10479. Index No. 13737/09.

200 A.D.3d 640 (2021)

159 N.Y.S.3d 76

2021 NY Slip Op 06670

Central Mortgage Company, Respondent, v. Doron Resheff et al., Appellants, et al., Defendants.

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

Decided December 1, 2021.

Attorney(s) appearing for the Case

J. Douglas Barics , Commack, NY, for appellants.

Berkman Henoch Peterson Peddy & Fenchel, P.C., Garden City, NY ( Megan K. McNamara and Rajdai Singh of counsel), for respondent.

Dillon, J.P., Hinds-Radix, Duffy and Wooten, JJ., concur.

Ordered that the order and judgment of foreclosure and sale is modified, on the law and the facts, (1) by deleting the provision thereof granting those branches of the plaintiff's motion which were to confirm the referee's report and for a judgment of foreclosure and sale, and substituting therefor a provision denying those branches of the motion, and (2) by deleting the provisions thereof confirming the referee's report and directing...

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