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U.S. BANK N.A. v. BARTON

2019-11536. Index No. 500472/15.

207 A.D.3d 496 (2022)

169 N.Y.S.3d 523

2022 NY Slip Op 04319

U.S. Bank National Association, Respondent, v. Judith Barton, Appellant, et al., Defendants.

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

Decided July 6, 2022.

Attorney(s) appearing for the Case

Biolsi Law Group, P.C., New York, NY ( Steven Alexander Biolsi of counsel), for appellant.

McCalla Raymer Leibert Pierce, LLC, New York, NY ( Daniel S. LoPresti of counsel), for respondent.

LaSalle, P.J., Connolly, Genovesi and Ford, JJ., concur.

Ordered that the order and judgment of foreclosure and sale is reversed, on the law, with costs, the plaintiff's motion, in effect, to confirm the referee's report and for a judgment of foreclosure and sale is denied, the referee's report is rejected, and the matter is remitted to the Supreme Court, Kings County, for a new report computing the amount due to the plaintiff, followed by further proceedings in accordance with CPLR 4403 and the entry of an appropriate amended...

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