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WELLS FARGO BANK, NA v. VILLANUEVA

2021-01751. Index No. 511340/14.

220 A.D.3d 978 (2023)

198 N.Y.S.3d 578

2023 NY Slip Op 05420

Wells Fargo Bank, NA, Respondent, v. Carlos Villanueva, Appellant, et al., Defendants.

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

Decided October 25, 2023.

Attorney(s) appearing for the Case

Lawrence Spivak, Jamaica, NY, for appellant.

Wood Oviatt Gilman, LLP (Reed Smith LLP, New York, NY [Andrew B. Messite and Michael V. Margarella], of counsel), for respondent.

Dillon, J.P., Iannacci, Miller and Taylor, JJ., concur.

In an action to foreclose a mortgage, the defendant Carlos Villanueva appeals from an order of the Supreme Court, Kings County (Noach Dear, J.), dated March 4, 2020. The order denied that defendant's motion pursuant to CPLR 5015(a)(1) to vacate, inter alia, an order of the same court dated March 13, 2018, granting the plaintiff's unopposed motion, among other things, for summary judgment on the complaint insofar as asserted against that defendant.

Ordered that the...

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