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DITECH FIN., LLC v. HOWELL

2020-03063. Index No. 29767/09.

201 A.D.3d 786 (2022)

157 N.Y.S.3d 386

2022 NY Slip Op 00301

Ditech Financial, LLC, Respondent, v. Margaret Howell, Appellant, et al., Defendants.

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

Decided January 19, 2022.

Attorney(s) appearing for the Case

Mark E. Alter, Garden City, NY (Margaret S. Alter of counsel), for appellant.

Robertson, Anschutz, Schneid, Crane & Partners, PLLC, Westbury, NY (Joseph F. Battista and Leah Lenz of counsel), for respondent.

Barros, J.P., Brathwaite Nelson, Chambers and Hinds-Radix, JJ., concur.

Ordered that the appeal from so much of the order as, upon denying the plaintiff's motion to confirm the report of the referee and for a judgment of foreclosure and sale, did so without prejudice to renewal upon proper proof, is dismissed, as the defendant Margaret Howell, as trustee of the Margaret Howell Trust, is not aggrieved by that portion of the order (see CPLR 5511; Sodhi v 112 Park Enters., LLC, 147 A.D.3d 1000 [2017...

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