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WELLS FARGO BANK, N.A. v. JONES

677, 17475/07.

139 A.D.3d 520 (2016)

32 N.Y.S.3d 95

2016 NY Slip Op 03838

WELLS FARGO BANK, N.A., Doing Business as AMERICA'S SERVICING COMPANY, Appellant, v. RAYMOND JONES, Respondent, et al., Defendants.

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

Decided May 17, 2016.

The motion court was correct in denying plaintiff's request to substitute the affidavit of merit by Linda Duncan dated October 24, 2013 (the 2013 Duncan affidavit), nunc pro tunc, for the affidavit by Steven Patrick dated August 28, 2007 (the 2007 Patrick affidavit), but for a reason different from that stated. Plaintiff sought to submit the 2013 Duncan affidavit in order to comply with Administrative Order of the Chief Administrative...

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