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WELLS FARGO BANK, N.A. v. McCLINTOCK

2017-03666, 2017-03667. Index No. 26466/09.

174 A.D.3d 950 (2019)

107 N.Y.S.3d 46

2019 NY Slip Op 06015

Wells Fargo Bank, N.A., Respondent, v. Patricia McClintock, Appellant, et al., Defendants.

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

Decided July 31, 2019.

Ordered that the appeal from the order entered February 8, 2017, is dismissed; and it is further,

Ordered that the order and judgment of foreclosure and sale is reversed, on the facts and in the exercise of discretion, the plaintiff's motion pursuant to CPLR 5015(a) to vacate the order entered December 5, 2012, to restore the action to the active calendar, and for a judgment of foreclosure and sale is denied, the complaint is dismissed, and the order entered February...

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