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WILMINGTON TRUST, N.A. v. MAHONE

2019-13449. Index No. 130696/09.

207 A.D.3d 600 (2022)

169 N.Y.S.3d 839

2022 NY Slip Op 04580

Wilmington Trust, National Association, Respondent, v. Nathaniel Mahone, Appellant, et al., Defendants.

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

Decided July 13, 2022.

Attorney(s) appearing for the Case

Michael Kennedy Karlson, New York, NY, for appellant.

Friedman Vartolo LLP, New York, NY (Zachary Gold of counsel), for respondent.

Iannacci, J.P., Rivera, Chambers and Wooten, JJ., concur.

Ordered that the order and judgment of foreclosure and sale is reversed insofar as appealed from, on the law, with costs, those branches of the motion of JPMorgan Chase Bank, National Association, which were to confirm the referee's report and for a judgment of foreclosure and sale are denied, the referee's report is rejected, the order dated September 18, 2019, is modified accordingly, and the matter is remitted to the Supreme Court, Richmond County, for a new report computing...

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