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WELLS FARGO BANK, N.A. v. BIEDERMANN

10549. 850065/13.

178 A.D.3d 505 (2019)

111 N.Y.S.3d 852

2019 NY Slip Op 08932

Wells Fargo Bank, N.A., Respondent, v. Judith Grace Biedermann, Also Known as Judith Biedermann, et al., Appellants, et al., Defendants.

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

Decided December 12, 2019.

Attorney(s) appearing for the Case

Joseph A. Altman, P.C., Bronx (Joseph A. Altman of counsel), for appellants.

Reed Smith LLP, New York (Kerren B. Zinner of counsel), for respondent.

Concur—Renwick, J.P., Gische, Mazzarelli, Moulton, JJ.

The court erred in confirming the Referee's report, which found that the notices required by RPAPL 1304 were correctly mailed. RPAPL 1304 requires that notice be sent by the lender, assignee or mortgage loan servicer to the borrower at the address of the mortgaged property and any other address of record at least 90 days before commencement of a mortgage foreclosure action. Here, although the mortgaged property was a particular unit in a 275-unit condominium building, the...

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