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JPMORGAN CHASE BANK v. BRACCO

2018-12431, 2018-12432. Index No. 6316/13.

200 A.D.3d 765 (2021)

155 N.Y.S.3d 102

2021 NY Slip Op 06839

JPMorgan Chase Bank, National Association, Respondent, v. Jonathan Bracco, Appellant, et al., Defendant.

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

Decided December 8, 2021.

Attorney(s) appearing for the Case

Jeffrey Herzberg, P.C., Hauppauge, NY, for appellant.

Fein, Such & Crane, LLP (McCalla Raymer Leibert Pierce, LLC, New York, NY [ Brian P. Scibetta and Sean Howland ], of counsel), for respondent.

Rivera, J.P., Brathwaite Nelson, 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, on the law, the plaintiff's motion to confirm the referee's report and for a judgment of foreclosure and sale is denied, the referee's report is rejected, the order entered July 25, 2018, is modified accordingly, and the matter is remitted to the Supreme Court, Nassau County, for a new report computing the amount due to the...

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