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U.S. BANK N.A. v. GUERCIA

2021-00070, 2021-00072. Index No. 15438/11.

215 A.D.3d 783 (2023)

185 N.Y.S.3d 716

2023 NY Slip Op 01915

U.S. Bank National Association, Respondent, v. John Guercia, Appellant, et al., Defendant.

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

Decided April 12, 2023.

Attorney(s) appearing for the Case

Charles Wallshein Esq. PLLC, Melville, NY ( Holly Meyer of counsel), for appellant.

Reed Smith LLP, New York, NY ( Andrew B. Messite and Michael V. Margarella of counsel), for respondent.

Iannacci, J.P., Rivera, Wooten and Voutsinas, JJ., concur.

In an action to foreclose a mortgage, the defendant John Guercia appeals from (1) an order of the Supreme Court, Suffolk County (Robert F. Quinlan, J.), dated November 4, 2020, and (2) an order and judgment of foreclosure and sale (one paper) of the same court, also dated November 4, 2020. The order, insofar as appealed from, granted those branches of the plaintiff's motion which were to confirm a referee's report and for a judgment of foreclosure and sale, and denied that...

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