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WILMINGTON SAV. FUND SOCY., FSB v. CABADIANA

2022-05184. Index No. 714986/19.

230 A.D.3d 831 (2024)

217 N.Y.S.3d 638

2024 NY Slip Op 04343

Wilmington Savings Fund Society, FSB, Plaintiff, v. Kimberly Cabadiana et al., Respondents, et al., Defendants. Carisbrook Asset Holding Trust, Nonparty Appellant.

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

Decided August 28, 2024.

Attorney(s) appearing for the Case

Friedman Vartolo LLP, New York, NY (Ronald P. Labeck of counsel), for nonparty-appellant.

Connolly, J.P., Maltese, Dowling and Warhit, JJ., concur.

In an action to foreclose a mortgage, nonparty Carisbrook Asset Holding Trust appeals from an order of the Supreme Court, Queens County (Allan B. Weiss, J.), entered May 31, 2022. The order, insofar as appealed from, granted those branches of the motion of the defendants Kimberly Cabadiana and Washington Cabadiana which were pursuant to CPLR 317 and 5015(a)(1) to vacate an order of reference of the same court dated January 31, 2022, issued upon their failure to appear or...

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