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BANK OF AMERICA, N.A. v. CARAPELLA

2020-07824. Index No. 130910/11.

218 A.D.3d 631 (2023)

192 N.Y.S.3d 622

2023 NY Slip Op 03844

Bank of America, N.A., Appellant, v. James P. Carapella, Respondent, et al., Defendants.

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

Decided July 19, 2023.

Attorney(s) appearing for the Case

Friedman Vartolo, LLP, New York, NY ( Zachary Gold and Oran Schwager of counsel), for appellant.

Law Offices of Costello & DeFrancisco, PLLC, Garden City, NY ( Daniel J. Costello of counsel), for respondent.

Connolly, J.P., Miller, Christopher and Taylor, JJ., concur.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Richmond County (Desmond A. Green, J.), dated March 6, 2020. The order, insofar as appealed from, upon reargument, adhered to a prior determination in an order of the same court dated September 12, 2018, granting the motion of the defendant James P. Carapella (1) to vacate a prior order of the same court dated February 28, 2018, which...

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