WELLS FARGO BANK, N.A. v. FARFAN

2019-01439. Index No. 26470/07.

203 A.D.3d 1107 (2022)

166 N.Y.S.3d 31

2022 NY Slip Op 02038

Wells Fargo Bank, N.A., Respondent, v. Napoleon Farfan, Appellant, et al., Defendants.

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

Decided March 23, 2022.


Attorney(s) appearing for the Case

Stephen A. Katz , New York, NY, for appellant.

Gross Polowy, LLC (Reed Smith, LLP, New York, NY [ Brenda Beauchamp Ward , Andrew B. Messite , and James N. Faller ], of counsel), for respondent.

Dillon, J.P., Miller, Genovesi and Dowling, JJ., concur.


Ordered that the order and judgment of foreclosure and sale is reversed, on the law, with costs, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Napoleon Farfan, to strike his answer, and for an order of reference are denied, the plaintiff's motion to confirm the referee's report and for a judgment of foreclosure and sale is denied, and the order dated November 21, 2018, is modified accordingly...

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