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GE CAPITAL MORTGAGE SERVICES, INC. v. POWELL

18 Misc.3d 228 (2007)

845 N.Y.S.2d 722

GE CAPITAL MORTGAGE SERVICES, INC., Plaintiff, v. VICTOR POWELL et al., Defendants. (Action No. 1.) GE CAPITAL MORTGAGE SERVICES, INC., Plaintiff, v. ERIC E. POWELL, as Heir-at-Law of the Estate of VICTOR POWELL, Deceased, et al., Defendants. (Action No. 2.)

Supreme Court, Kings County.

November 13, 2007.

Attorney(s) appearing for the Case

Druckman & Sinel, LLP, Westbury (Hans H. Augustin of counsel), for plaintiff.

Martin Kurlander, Brooklyn, for Nina Cohen, as heir-at-law of estate of Victor Powell, defendant.

OPINION OF THE COURT

ARTHUR M. SCHACK, J.

In these two related actions, attempting to foreclose on a mortgage for condominium unit 1A, at 1229 President Street, Brooklyn, New York (block 1276, lot 1001, County of Kings), GE Capital Mortgage Services, Inc. alleges to be the plaintiff. GE moves for: summary judgment, pursuant to CPLR 3212, to dismiss the answer and affirmative defenses of defendant Nina Cohen in action No. 2; consolidation of the two actions...

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