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WELLS FARGO BANK, N.A. v. GEWIRTZ

2019-09565. Index No. 508070/14.

204 A.D.3d 1070 (2022)

165 N.Y.S.3d 362

2022 NY Slip Op 02832

Wells Fargo Bank, N.A., Appellant, v. Amy R. Gewirtz et al., Respondents, et al., Defendants.

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

Decided April 27, 2022.

Attorney(s) appearing for the Case

LOGS Legal Group LLP (Reed Smith LLP, New York, NY [Andrew B. Messite, Joseph B. Teig, and James Faller], of counsel), for appellant.

Bronstein, Gewirtz & Grossman, LLC, New York, NY (Edward N. Gewirtz pro se of counsel), for respondents.

Dillon, J.P., Duffy, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the order is affirmed, with costs.

The defendants Amy R. Gewirtz and Edward N. Gewirtz (hereinafter together the defendants) executed a note in the sum of $382,500, which was secured by a mortgage on residential property located in Brooklyn (hereinafter the subject premises). In 2014, the plaintiff commenced this action against the defendants, among others, to foreclose the mortgage, alleging that the defendants defaulted in the monthly payment obligations...

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