GREENPOINT SAVINGS BANK v. KIJIK


297 A.D.2d 359 (2002)

746 N.Y.S.2d 600

GREENPOINT SAVINGS BANK, Plaintiff, v. CHERYLE KIJIK, Appellant, MARINE MIDLAND N.A., Respondent, et al., Defendants.

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

Decided August 26, 2002.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, the Referee's report is rejected, and the Treasurer of Suffolk County is directed to distribute the remaining surplus money to the appellant.

In 1992 the appellant defaulted in payment on both her first mortgage, held by the plaintiff, and her second mortgage, held by the respondent Marine Midland N.A. The plaintiff commenced this action to foreclose its mortgage...

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