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WILMINGTON SAV. FUND SOCY., FSB v. NOVIS

2019-03869. Index No. 11781/11.

200 A.D.3d 739 (2021)

159 N.Y.S.3d 96

2021 NY Slip Op 06720

Wilmington Savings Fund Society, FSB, Respondent, v. Jeffrey Novis, 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

Jay A. Press, P.C., Plainview, NY ( Ray E. Shain of counsel), for appellant.

Kosterich & Skeete, LLC, Tuckahoe, NY ( Denise Singh Skeete of counsel), for respondent.

Austin, J.P., Miller, Wooten and Zayas, JJ., concur.

Ordered that the judgment of foreclosure and sale is reversed, on the law, with costs, those branches of the plaintiff's cross motion which were for summary judgment on the complaint insofar as asserted against the defendant Jeffrey Novis and for an order of reference are denied, and the order dated January 31, 2019, is modified accordingly.

In September 2007, the defendant Jeffrey Novis (hereinafter the defendant) executed...

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