WELLS FARGO BANK, N.A. v. PINARGOTE

2015-06230. Index No. 18371/07.

150 A.D.3d 1311 (2017)

52 N.Y.S.3d 907

2017 NY Slip Op 04317

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

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

Decided May 31, 2017.


Ordered that the order dated March 19, 2015, is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were, in effect, to vacate the order dated September 24, 2013, and to restore the action to the calendar are granted.

The plaintiff commenced this action to foreclose a mortgage. After the defendants failed to answer, the plaintiff obtained an order of reference dated December 17, 2007. In an order dated September...

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