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NORTH FORK BANK v. CANTICO INTL
Appellate Division of the Supreme Court of New York, Second Department.
Jun 18, 2001
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ORDERED that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
Since we have determined that the Supreme Court erred in setting aside the assigned mortgage of North Fork Bank, as Trustee, on the subject property (see, Losner v. Cashline, A.D.2d [decided herewith]), this foreclosure action should not have been dismissed.
SANTUCCI, J.P., GOLDSTEIN, H. MILLER and CRANE, JJ., concur.
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