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FED. NAT'L MORTGAGE ASS'N v. WOODBURY

254 A.D.2d 182 (1998)

679 N.Y.S.2d 116

Federal National Mortgage Association, Respondent, v. Shirley Woodbury, Also Known as Shirley Dupree, Appellant, et al., Defendants

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

October 22, 1998

Even if, as appellant contends, her signature on the subject mortgage was forged, partial summary judgment was properly granted to plaintiff on the theory of equitable subrogation, based on its payoff of prior mortgages against appellant's property at the closing of the subject mortgage (Great E. Bank v Chang, 227 A.D.2d 589, lv dismissed 88 N.Y.2d 1064). Nor was it error for the motion court to grant summary judgment on this...

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