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THE BANK OF N.Y. MELLON v. RUTKOWSKI

523468.

148 A.D.3d 1341 (2017)

2017 NY Slip Op 01749

48 N.Y.S.3d 851

THE BANK OF NEW YORK MELLON, Formerly Known as THE BANK OF NEW YORK, as Trustee for the HOLDERS OF THE CERTIFICATES, FIRST HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2007-FA5, Respondent, v. MICHAEL RUTKOWSKI, Appellant, et al., Defendants.

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

Decided March 9, 2017.

In July 2007, defendant Michael Rutkowski (hereinafter defendant) executed a $500,000 note that was secured by a mortgage on real property situated in the Village of Monticello, Sullivan County. Such mortgage was ultimately assigned to plaintiff. Following defendant's default on his payment obligations under the loan in June 2010, plaintiff...

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