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BANK OF AM., N.A. v. CORD

2020-09184. Index No. 2192/14.

214 A.D.3d 934 (2023)

187 N.Y.S.3d 68

2023 NY Slip Op 01655

Bank of America, N.A., Respondent, v. Barry S. Cord, Also Known as Barry S.K. Cord, Appellant, et al., Defendants.

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

Decided March 29, 2023.

Attorney(s) appearing for the Case

Russ & Russ, P.C. ( Jay Edmond Russ and Ira Levine , Massapequa, NY, of counsel), for appellant.

Winston & Strawn LLP, New York, NY ( Michael E. Blaine of counsel), for respondent.

Connolly, J.P., Chambers, Dowling and Voutsinas, JJ., concur.

In an action to foreclose a mortgage, the defendant Barry S. Cord appeals from a corrected order of the Supreme Court, Dutchess County (Hal B. Greenwald, J.), dated October 16, 2020. The corrected order, insofar so appealed from, denied those branches of that defendant's motion which were, in effect, to vacate a judgment of foreclosure and sale of the same court (Maria G. Rosa, J.) dated July 11, 2017, and to vacate a notice of sale for failure to comply with RPAPL 1351(1...

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