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WELLS FARGO BANK, N.A. v. SMITH

2019-04705, 2019-04707. Index No. 9476/15.

218 A.D.3d 832 (2023)

193 N.Y.S.3d 266

2023 NY Slip Op 03944

Wells Fargo Bank, N.A., Respondent, v. Kathleen McMullen Smith et al., Appellants, et al., Defendants.

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

Decided July 26, 2023.

Attorney(s) appearing for the Case

Law Office of Maggio & Meyer, PLLC, Bohemia, NY ( Holly C. Meyer of counsel), for appellants.

Greenberg Traurig, LLP, New York, NY ( Ryan Sirianni and Patrick G. Broderick of counsel), for respondent.

Barros, J.P., Brathwaite Nelson, Ford and Warhit, JJ., concur.

In an action to foreclose a mortgage, the defendants Kathleen McMullen Smith and William Michael Smith appeal from (1) an order of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered March 7, 2019, and (2) an order and judgment of foreclosure and sale (one paper) of the same court also entered March 7, 2019. The order, insofar as appealed from, granted the plaintiff's motion to confirm the referee's report and for a judgment of foreclosure and sale. The order...

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