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BANK OF N.Y. v. WELLS

535993.

222 A.D.3d 1237 (2023)

202 N.Y.S.3d 522

2023 NY Slip Op 06575

The Bank of New York, as Trustee, Appellant, v. Jeromy W. Wells et al., Respondents.

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

Decided December 21, 2023.

Attorney(s) appearing for the Case

Davidson Fink LLP, Rochester ( Richard Franco of counsel), for appellant.

Maynard, O'Connor, Smith & Catalinotto, LLP, Albany ( Christopher R. McGill of counsel), for respondents.

Garry, P.J., Lynch, Ceresia and Powers, JJ., concur.

Appeal from an order of the Supreme Court (James P. Gilpatric, J.), entered July 29, 2022, in Ulster County, which, among other things, granted defendants' motion to dismiss the complaint.

In November 2006, defendants Jeromy W. Wells and Margaret A. Wells (hereinafter collectively referred to as defendants) executed a note to...

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