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WELLS FARGO BANK, N.A. v. MALIK

2018-13703. Index No. 6885/11.

203 A.D.3d 1110 (2022)

166 N.Y.S.3d 38

2022 NY Slip Op 02039

Wells Fargo Bank, N.A., Respondent, v. Toqir Hussain Malik, 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

Schwartz Law Group, P.C., Bethpage, NY ( Kenneth B. Schwartz of counsel), for appellant.

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

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

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to foreclose a mortgage encumbering certain real property located in Baldwin. The defendant Toqir Hussain Malik (hereinafter the defendant), the mortgagor and owner of the subject property, did not answer the complaint or otherwise appear in the action. The plaintiff was granted an order of reference, followed by a judgment of foreclosure and sale dated March 2, 2017. A foreclosure...

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