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U.S. BANK N.A. v. TESORIERO

2019-09753, 2021-00598. Index No. 67408/17.

204 A.D.3d 1066 (2022)

167 N.Y.S.3d 533

2022 NY Slip Op 02830

U.S. Bank National Association, Respondent, v. Rocco Tesoriero, Appellant, et al., Defendants.

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

Decided April 27, 2022.

Attorney(s) appearing for the Case

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Lake Success, NY ( Christopher A. Gorman of counsel), for appellant.

McCalla Raymer Leibert Pierce, LLC, New York, NY ( Jane H. Torcia , Angelo A. Regina , and Margaret Stefandl of counsel), for respondent.

Dillon, J.P., Duffy, Connolly and Christopher, JJ., concur.

Ordered that the appeal from the order dated June 17, 2019, is dismissed; and it is further,

Ordered that the order and judgment of foreclosure and sale is reversed, on the law, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Rocco Tesoriero 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...

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