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WELLS FARGO BANK, N.A. v. COLACE

2018-11920, 2018-11921. Index No. 47811/2009.

178 A.D.3d 1119 (2019)

116 N.Y.S.3d 62

2019 NY Slip Op 09318

Wells Fargo Bank, N.A., Plaintiff, v. Stephanie Colace, Appellant, et al., Defendants. 21st Mortgage Corporation, Nonparty Respondent.

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

Decided December 24, 2019.

Attorney(s) appearing for the Case

The Ranalli Law Group, PLLC, Hauppauge, NY (Ernest E. Ranalli of counsel), for appellant.

Bradshaw Law Group, P.C., New York, NY (Diane Bradshaw of counsel), for nonparty-respondent.

Austin, J.P., Roman, Barros and Connolly, JJ., concur.

Ordered that the first order is reversed insofar as appealed from, on the law; and it is further,

Ordered that the second order is reversed, and it is further,

Ordered that the matter is remitted to the Supreme Court, Suffolk County, for a hearing on the issue of whether the defendant Stephanie Colace was properly served with a 10-day notice to quit and a referee's deed pursuant to CPLR 308, and a new determination thereafter of that branch of the motion of...

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