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BANK OF N.Y. MELLON v. VAIANA

535336.

218 A.D.3d 1094 (2023)

193 N.Y.S.3d 434

2023 NY Slip Op 03961

Bank of New York Mellon, Formerly Known as Bank of New York, as Successor Trustee, Appellant, v. Anthony Vaiana et al., Defendants.

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

Decided July 27, 2023.

Attorney(s) appearing for the Case

Knuckles Komosinski & Manfro LLP, Elmsford ( Marc E. Garcia of counsel), for appellant.

Egan Jr., J.P., Aarons, Fisher and McShan, JJ., concur.

Appeal from an order of the Supreme Court (Adam W. Silverman, J.), entered February 18, 2022, in Greene County, which denied plaintiff's motion to vacate a prior order.

In January 2005, defendants executed a note to borrow $150,000 from Somerset Investors Corp., secured by a mortgage against their real property in Greene County...

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