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WELLS FARGO BANK, N.A. v. BREUER

2019-11978. Index No. 130084/14.

203 A.D.3d 1103 (2022)

165 N.Y.S.3d 119

2022 NY Slip Op 02037

Wells Fargo Bank, N.A., Plaintiff, v. Barbara A. Breuer et al., Respondents, et al., Defendants. JP Morgan Chase Bank, N.A., Nonparty Appellant.

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

Decided March 23, 2022.

Attorney(s) appearing for the Case

Fein, Such & Crane, LLP, Westbury, NY ( Lisa Browne of counsel), for nonparty-appellant.

The Law Offices of Perry Ian Tischler, P.C., Bayside, NY, for respondents.

Duffy, J.P., Chambers, Roman and Christopher, JJ., concur.

Ordered that the order is reversed, on the law, with costs, the motion of the defendants Barbara A. Breuer and Charles M. Breuer to confirm the special referee's report is denied, the motion of nonparty JP Morgan Chase Bank, N.A., to confirm in part and reject in part the special referee's report and to distribute certain surplus funds to JP Morgan Chase Bank, N.A., is granted, and the matter is remitted to the Supreme Court, Richmond County, for the entry of an order directing...

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