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U.S. BANK TRUST, N.A. v. BANK OF AM., N.A.

2018-01169, 2018-01170. Index No. 500021/15.

201 A.D.3d 769 (2022)

159 N.Y.S.3d 516

2022 NY Slip Op 00213

U.S. Bank Trust, N.A., Respondent, v. Bank of America, N.A., et al., Defendants, and 778 Logan, LLC, Appellant.

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

Decided January 12, 2022.

Attorney(s) appearing for the Case

Biolsi Law Group, P.C., New York, NY (Aveet Basnyat and Steven Alexander Biolsi of counsel), for appellant.

Shapiro, DiCaro & Barak, LLC, Rochester, NY (Alex Cameron and Austin Shufelt of counsel), for respondent.

Dillon, J.P., Iannacci, Christopher and Zayas, JJ., concur.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the order and judgment of foreclosure and sale is reversed, on the law, the plaintiff's motion, in effect, to confirm the referee's report and for a judgment of foreclosure and sale is denied, the referee's report is rejected, the order is modified accordingly, and the matter is remitted to the Supreme Court, Kings County, for a new report computing the amount due to the plaintiff...

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