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FISCH v. WELLS FARGO BANK, N.A.

2020-01404. Index No. 501915/16.

217 A.D.3d 657 (2023)

188 N.Y.S.3d 722

2023 NY Slip Op 03001

Benjamin Fisch et al., Appellants, v. Wells Fargo Bank, N.A., Respondent.

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

Decided June 7, 2023.

Attorney(s) appearing for the Case

Berg & David, PLLC, Brooklyn, NY (Abraham David, Gordon Speckhard, and Sholom Wohlgelernter of counsel), for appellants.

Akerman LLP, New York, NY (Erica R. S. Goldman and Eric M. Levine of counsel), for respondent.

Iannacci, J.P., Miller, Christopher and Wan, JJ., concur.

In an action pursuant to RPAPL 1501(4) to cancel and discharge of record a mortgage, the plaintiffs appeal from an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated December 24, 2019. The order, insofar as appealed from, granted the defendant's motion to modify an order of the same court dated November 15, 2018, in effect, granting the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint, by adding a decretal paragraph directing dismissal...

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