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WELLS FARGO BANK, N.A. v. CAJAS

2015-08711 Index No. 702411/13.

159 A.D.3d 977 (2018)

73 N.Y.S.3d 223

2018 NY Slip Op 02159

WELLS FARGO BANK, N.A., as Trustee for the Certificateholders of the SECURITIZED ASSET-BACKED RECEIVABLES LLC TRUST 2005-FR5, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-FR5, Appellant, v. SONIA CAJAS et al., Defendants, and MIGUEL CHIRIBOGA, Also Known as MIGUEL C. CHIRIBOGA, Respondent.

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

Decided March 28, 2018.

Ordered that on the Court's own motion, the appeal from so much of the order as, in effect, sua sponte, directed dismissal of the complaint is deemed to be an application for leave to appeal from that portion of the order, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Queens County, for a determination on the merits of the plaintiff...

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