WELLS FARGO BANK FSB v. ASPHALL

Index No. 380191/14, Appeal No. 1592, Case No. 2023-03672.

2024 NY Slip Op 00605

WELLS FARGO BANK FSB, ETC., Plaintiff-Appellant, v. CHRISTINE ASPHALL, Defendant-Respondent, NEW YORK CITY PARKING VIOLATIONS BUREAU, ET AL., Defendants.

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

Decided February 6, 2024.


Attorney(s) appearing for the Case

Knuckles, Komosinski & Manfro, LLP, Elmsford ( John E. Brigandi of counsel), for appellant.

Biolsi Law Group, P.C., New York ( Joseph A. Jacobson of counsel), for respondent.

Before: Singh, J.P., Moulton, Gesmer, Mendez, Rodriguez, JJ.


Judgment, Supreme Court, Bronx County (Barry Salman, J.H.O.), entered on or about January 26, 2023, dismissing the complaint and canceling the notice of pendency, unanimously reversed, on the law, with costs, the judgment vacated, and the matter remanded for appointment of a referee to compute the amount due to plaintiff under the note and mortgage.

Defendant failed to meet her burden of proof regarding her affirmative defense that the loan was illegal under Banking...

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