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WELLS FARGO BANK, N.A. v. IPPOLITO

2016-11216, Index No. 130782/12.

175 A.D.3d 1349 (2019)

105 N.Y.S.3d 885

2019 NY Slip Op 06531

Wells Fargo Bank, N.A., Respondent, v. Michael J. Ippolito et al., Appellants, et al., Defendants.

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

Decided September 11, 2019.

Attorney(s) appearing for the Case

Law Office of Nicholas M. Moccia, P.C., Staten Island, NY, for appellants.

Woods Oviatt Gilman LLP (Reed Smith LLP, New York, NY [ Zalika T. Pierre and Andrew B. Messite ], of counsel), for respondent.

Mastro, J.P., Balkin, Roman and Connolly, JJ., concur.

Ordered that the appeal is dismissed, with costs.

In this action to foreclose a mortgage, the plaintiff moved, inter alia, for summary judgment on the complaint, to strike the answer of the defendants Michael J. Ippolito and Lucille Ippolito (hereinafter together the appellants), and to appoint a referee to compute the amount due to the plaintiff. The appellants cross-moved for summary judgment dismissing the complaint insofar as asserted against them or, in the alternative...

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