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WELLS FARGO BANK, N.A. v. PLAUT

2019-03742, 2019-05336, Index No. 69824/15.

206 A.D.3d 953 (2022)

171 N.Y.S.3d 143

2022 NY Slip Op 04043

Wells Fargo Bank, N.A., Respondent, v. Harold J. Plaut, Appellant, et al., Defendants.

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

Decided June 22, 2022.

Attorney(s) appearing for the Case

McKinley Law, P.C., Rockville Centre, NY (Shannon Cody McKinley of counsel), for appellant.

Jeffrey A. Kosterich, LLC, Tuckahoe, NY (Michael Li of counsel), for respondent.

Dillon, J.P., Duffy, Maltese and Genovesi, JJ., concur.

Ordered that the appeal from the order and judgment of foreclosure and sale is dismissed; and it is further,

Ordered that the order dated March 13, 2019, is affirmed; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

On April 12, 2006, the defendants Harold J. Plaut and Renata Plaut (hereinafter together the defendants) executed a note in the sum of $437,500, in favor of Fremont Investment & Loan (hereinafter Fremont...

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