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BANK NY MELLON v. DEMATTEIS

2022-00522. Index No. 54252/21.

222 A.D.3d 1 (2023)

199 N.Y.S.3d 79

2023 NY Slip Op 05242

THE BANK OF NEW YORK MELLON, Formerly Known as THE BANK OF NEW YORK as Trustee for Registered Holders of CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-23, Respondent, v. JOSEPH DEMATTEIS, Also Known as JOSEPH A. DEMATTEIS, JR., et al., Appellants, et al., Defendants.

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

Decided October 18, 2023.

Attorney(s) appearing for the Case

Galgano Sharp LLP, White Plains ( Eric R. Sharp of counsel), for appellants.

Woods Oviatt Gilman LLP, Rochester ( David B. Wildermuth of counsel), for respondent.

LASALLE, P.J., CHAMBERS and TAYLOR, JJ., concur.

OPINION OF THE COURT

APPEAL from an order of the Supreme Court, Westchester County (Janet C. Malone, J.), dated December 2, 2021, in an action to foreclose a mortgage. The order, insofar as appealed from, denied those branches of the motion of defendants Joseph DeMatteis and Hunter Street Properties, LLC, which were pursuant...

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