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JPMORGAN CHASE BANK, N.A. v. SIMONSEN

2019-01577. Index No. 11585/13.

208 A.D.3d 1167 (2022)

175 N.Y.S.3d 244

2022 NY Slip Op 05156

JPMorgan Chase Bank, National Association, Respondent, v. Chris Simonsen, Appellant, et al., Defendants.

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

Decided September 14, 2022.

Attorney(s) appearing for the Case

Thomas A. Sirianni ( J. Douglas Barics , Commack, NY, of counsel), for appellant.

Knuckles, Komosinski & Manfro, LLP, Elmsford, NY ( Louis A. Levithan , of counsel), for respondent.

Dillon, J.P., Roman, Maltese and Genovesi, JJ., concur.

Ordered that the order and judgment of foreclosure and sale is reversed, on the law, with costs, the motion of the defendant Chris Simonsen, in effect, to vacate the order entered October 27, 2016, is granted, the plaintiff's motion for a judgment of foreclosure and sale is denied, and the order entered December 19, 2018, is modified accordingly.

In September 2013, the plaintiff commenced this action to foreclose a mortgage against, among others, the defendant Chris...

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