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WELLS FARGO BANK, N.A. v. BIDERMAN

Index. No. 152703/20. Appeal No. 1114. Case No. 2022-02325.

221 A.D.3d 557 (2023)

198 N.Y.S.3d 542

2023 NY Slip Op 06107

Wells Fargo Bank, N.A., Appellant, v. Denise Biderman et al., Respondents.

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

Decided November 28, 2023.

Attorney(s) appearing for the Case

Sills Cummis & Gross P.C., New York (Jaimee Katz Sussner of counsel), for appellant.

Joseph A. Altman, P.C., Fleetwood (Joseph A. Altman of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Friedman, González, Pitt-Burke, Higgitt, JJ.

Order and judgment (one paper), Supreme Court, New York County (James D'Auguste, J.), entered April 26, 2022, which, to the extent appealable, denied plaintiff's motion for summary judgment on its causes of action for a declaratory judgment affirming the validity and priority of its mortgage and permitting plaintiff to record a power of attorney nunc pro tunc, and granted defendants' cross-motion for summary judgment dismissing the complaint, unanimously modified, on the...

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