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BANK OF AM., N.A. v. FISCHER

2022-06225, 2022-06629. Index No. 623757/17.

220 A.D.3d 722 (2023)

198 N.Y.S.3d 361

2023 NY Slip Op 05112

Bank of America, N.A., Respondent, v. William Fischer, Also Known as William A. Fischer, Appellant, et al., Defendants.

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

Decided October 11, 2023.

Attorney(s) appearing for the Case

Justin F. Pane, P.C., Bohemia, NY ( Daniel G. Eugene of counsel), for appellant.

Davidson Fink, LLP, Rochester, NY ( Todd Z. Marks of counsel), for respondent.

Barros, J.P., Wooten, Ford and Warhit, JJ., concur.

In an action to foreclose a mortgage, the defendant William Fischer appeals from (1) an order of the Supreme Court, Suffolk County (Thomas F. Whelan, J.), dated June 23, 2022, and (2) an order and judgment of foreclosure and sale (one paper) of the same court entered July 15, 2022. The order, inter alia, denied that defendant's cross-motion pursuant to CPLR 5015(a)(4) to vacate a judgment of foreclosure and sale of the same court entered July 19, 2021, upon that defendant...

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