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WELLS FARGO BANK, N.A. v. RUTTY

2018-11253, Index No. 713681/17.

206 A.D.3d 862 (2022)

171 N.Y.S.3d 117

2022 NY Slip Op 03926

Wells Fargo Bank, N.A., Respondent, v. Robert R. Rutty et al., Defendants, and SLF New York Holdings, LLC, Appellant.

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

Decided June 15, 2022.

Attorney(s) appearing for the Case

Law Office of Keith S. Garret, P.C., Babylon, NY, for appellant.

Knuckles, Komosinski & Manfro, LLP, Elmsford, NY ( Max T. Saglimbeni of counsel), for respondent.

Rivera, Chambers and Wooten, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

In September 2006, the defendant Robert R. Rutty executed a note in favor of People's Choice Home Loan, Inc., in the sum of $536,000, which was secured by a mortgage on real property located in Springfield Gardens. In June 2011, the plaintiff commenced an action to foreclose the mortgage against, among others, Rutty (hereinafter the prior action). In an order dated April 5, 2013, the Supreme...

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