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BANK OF N.Y. MELLON TRUST CO., N.A. v. BARONE

2018-01184, 2018-01185, 2019-12194. Index No. 12076/13.

209 A.D.3d 939 (2022)

177 N.Y.S.3d 294

2022 NY Slip Op 05972

Bank of New York Mellon Trust Company, N.A., Respondent, v. John Barone, Appellant, et al., Defendants.

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

Decided October 26, 2022.

Attorney(s) appearing for the Case

Yolande I. Nicholson, P.C., Brooklyn, NY, for appellant.

Eckert Seamans Cherin & Mellott, LLC, White Plains, NY (Geraldine A. Cheverko of counsel), for respondent.

Barros, J.P., Miller, Genovesi and Voutsinas, JJ., concur.

In an action to foreclose a mortgage, the defendant John Barone appeals from (1) two orders of the Supreme Court, Kings County (Noach Dear, J.), both dated October 3, 2017, and (2) an order and judgment of foreclosure and sale (one paper) of the same court dated May 22, 2019. The first order, insofar as appealed from, granted those branches of the plaintiff's motion which were for leave to enter a default judgment against the defendant John Barone and for an order of reference...

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