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FERNANDO v. WILMINGTON SAV. FUND SOCY., FSB

2020-08223. Index No. 51172/20.

208 A.D.3d 1217 (2022)

175 N.Y.S.3d 260

2022 NY Slip Op 05202

Bernadette M. Fernando, Appellant, v. Wilmington Savings Fund Society, FSB, et al., Respondents, et al., Defendant.

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

Decided September 21, 2022.

Attorney(s) appearing for the Case

Solomon Zabrowsky, New York, NY, for appellant.

Knuckles, Komosinski & Manfro, LLP, Elmsford, NY (Michel Lee of counsel), for respondent Wilmington Savings Fund Society, FSB.

Belowich & Walsh, LLP, White Plains, NY (Joanna Sandolo and Daniel G. Walsh of counsel), for respondent 14 State, LLC.

Iannacci, J.P., Miller, Genovesi and Ford, JJ., concur.

Ordered that the appeal from so much of the order as, sua sponte, directed dismissal of the complaint insofar as asserted against the defendant Francis J. Malara is dismissed, as no appeal lies as of right from a portion of an order that does not decide a motion made on notice (see CPLR 5701[a]), and leave to appeal has not been granted; and it is further,

Ordered that the order is affirmed insofar as reviewed; and it is further,

Ordered that one bill...

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