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LONG ISLAND SAV. BANK v. SUTPHEN

222 A.D.2d 660 (1995)

635 N.Y.S.2d 684

Long Island Savings Bank, F.S.B., Appellant, v. Angela Sutphen et al., Defendants, and Citibank, N.A., Respondent

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

December 29, 1995

Ordered that the order is reversed, on the facts, with costs, the motion of Citibank, N.A., is denied, and the judgment of foreclosure and sale is reinstated.

Citibank, N.A. (hereinafter Citibank) and Long Island Savings Bank (hereinafter LISB), are competing mortgage holders on property located in Massapequa (hereinafter the premises). After the owner of the premises defaulted on his mortgage payments, LISB commenced this action to foreclose its mortgage. Citibank...

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