JPMorgan Chase Bank v. Schott

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Westchester County, dated September 5, 2012, which was determined by decision and order of this Court dated November 19, 2014.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that the motion is granted and, upon reargument, the decision and order of this Court dated November 19, 2014 (JPMorgan Chase Bank, N.A. v Schott, 122 AD3d 801 [2014]), is recalled and vacated, and the following decision and order is substituted therefor:

In an action to…