WELLS FARGO BANK, N.A. v. NEWHOUSE

67 CA 21-01624.

218 A.D.3d 1117 (2023)

192 N.Y.S.3d 393

2023 NY Slip Op 03978

Wells Fargo Bank, National Association, as Trustee for Option One Mortgage Loan Trust 2007-CPI, Asset-Backed Certificates, Series 2007-CPI, Appellant, v. Rodney C. Newhouse, Respondent, et al., Defendants.

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

Decided July 28, 2023.


Attorney(s) appearing for the Case

McCABE, WEISBERG & CONWAY, LLC, MELVILLE ( JAMIE C. KRAPF OF COUNSEL), FOR PLAINTIFF-APPELLANT.

LEGAL ASSISTANCE OF WESTERN NEW YORK, INC., JAMESTOWN ( RICK GOODELL OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Peradotto, Lindley, Montour and Ogden, JJ.


Appeal from an order of the Supreme Court, Chautauqua County (Lynn W. Keane, J.), entered October 12, 2021. The order denied the motion of plaintiff for, inter alia, summary judgment and granted that part of the cross-motion of defendant Rodney C. Newhouse seeking summary judgment dismissing the complaint against him.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the cross-motion in its entirety except insofar as...

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