WELLS FARGO BANK, N.A. v. DAVIDSON

2019-05711. Index No. 31309/13.

202 A.D.3d 880 (2022)

162 N.Y.S.3d 451

2022 NY Slip Op 00901

Wells Fargo Bank, N.A., Respondent, v. Daniel A. Davidson et al., Appellants, et al., Defendants.

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

Decided February 9, 2022.


Attorney(s) appearing for the Case

The Law Offices of Charles Wallshein, PLLC, Melville, NY, for appellants.

Shapiro, DiCaro & Barak (Reed Smith, LLP, New York, NY [ Michael V. Margarella and Andrew B. Messite ], of counsel), for respondent.

Duffy, J.P., Connolly, Hinds-Radix and Genovesi, JJ., concur.


Ordered that the judgment of foreclosure and sale is reversed, on the law, with costs, those branches of the plaintiff's motion which were to confirm the referee's report and for a judgment of foreclosure and sale are denied, that branch of the cross motion of the defendants Daniel A. Davidson and Nina M. Davidson which was, in effect, to vacate so much of the orders dated April 28, 2017, as granted those branches of the plaintiff's motion which were for summary judgment...

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