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WACHOVIA MORTGAGE, FSB v. JOSEF

2014-03227, 2014-09865, Index No. 25423/09.

137 A.D.3d 1012 (2016)

27 N.Y.S.3d 608

2016 NY Slip Op 01832

WACHOVIA MORTGAGE, FSB, Formerly Known as WORLD SAVINGS BANK, FSB, Appellant, v. REBECCA JOSEF, Respondent, et al., Defendants.

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

Decided March 16, 2016.

Ordered that on the Court's own motion, the notice of appeal is deemed an application for leave to appeal from so much of the first order as, sua sponte, barred the plaintiff from collecting interest on the subject mortgage loan prior to November 22, 2013, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the first order dated November 22, 2013 is reversed insofar as appealed from, on the facts and in the exercise of discretion...

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