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BANKERS TRUST CO. v. PAYNE

188 Misc.2d 726 (2001)

730 N.Y.S.2d 200

BANKERS TRUST COMPANY OF CALIFORNIA, N. A., as Trustee, Plaintiff, v. ERROL E. PAYNE et al., Defendants.

Supreme Court, Kings County.

June 18, 2001.

Attorney(s) appearing for the Case

Certilman Balin Adler & Hyman, East Meadow (Edward Harris Heller of counsel), for plaintiff.

Brooklyn Legal Services Corp. B (Pamela Sah of counsel), for Errol E. Payne, defendant.

OPINION OF THE COURT

DAVID B. VAUGHAN, J.

In this mortgage foreclosure action, plaintiff Bankers Trust Company of California, N. A., as trustee under the pooling and servicing agreement, December 11, 1997, Delta Funding Home Equity Loan Trust 1997-4, c/o Delta Funding Corporation (plaintiff), moves, pursuant to CPLR 2221 (d) and (e), for leave to reargue and renew its prior motion for summary judgment in its favor, striking the answer of defendant Errol...

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