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OCWEN LOAN SERVICING, LLC v. MAFFETT

27 CA 23-00168.

2024 NY Slip Op 01624

OCWEN LOAN SERVICING, LLC, Plaintiff-Appellant, v. TIMOTHY D. MAFFETT, ET AL., Defendants, MAGMA PROPERTIES, INC., AND LARRY NEWMAN, Defendants-Respondents.

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

Decided March 22, 2024.

Attorney(s) appearing for the Case

McGLINCHEY STAFFORD, PLLC, NEW YORK CITY ( MATTHEW J. GORDON OF COUNSEL), FOR PLAINTIFF-APPELLANT.

PHETERSON SPATORICO LLP, ROCHESTER ( DERRICK A. SPATORICO OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

PRESENT: SMITH, J.P., BANNISTER, NOWAK, DELCONTE, AND KEANE, JJ.

Appeal from a judgment and order (one paper) of the Supreme Court, Monroe County (John J. Ark, J.), entered December 21, 2022. The judgment and order, inter alia, dismissed the action.

It is hereby ORDERED that the judgment and order so appealed from is unanimously vacated on the law without costs and the matter is remitted to Supreme Court, Monroe County, for further proceedings in accordance with the following memorandum: In this action to foreclose a residential...

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