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WELLS FARGO BANK, N.A. v. SHIELDS

2019-04268. Index No. 1048/14.

201 A.D.3d 1007 (2022)

162 N.Y.S.3d 129

2022 NY Slip Op 00462

Wells Fargo Bank, N.A., Respondent, v. Neishanette Shields et al., Appellants, et al., Defendants.

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

Decided January 26, 2022.

Attorney(s) appearing for the Case

Petroff Amshen, LLP, Brooklyn, NY (Serge F. Petroff, James Tierney, and Steven Amshen of counsel), for appellants.

Gross Polowy, LLC, (Reed Smith, LLP, New York, NY [Andrew B. Messite and Michael V. Margarella], of counsel), for respondent.

Duffy, J.P., Connolly, Hinds-Radix and Genovesi, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants Neishanette Shields and Heather Ortiz and for an order of reference are denied.

On June 30, 2010, Neishanette Shields and Heather Ortiz (hereinafter together the defendants) executed a note whereby they promised to repay the sum of $542,691. As collateral...

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