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AMERIQUEST MORTGAGE COMPANY v. GAFFNEY

41 A.D.3d 750 (2007)

839 N.Y.S.2d 203

AMERIQUEST MORTGAGE COMPANY, Respondent, v. THOMAS GAFFNEY et al., Respondents, et al., Defendants. LAFAYETTE REALTY NY, LLC, Intervenor-Appellant, et al., Intervenor.

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

Decided June 26, 2007.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

On June 21, 2002 the defendant John Boswell, as administrator of the estate of Thelma Boswell, allegedly deeded the subject premises to the defendant Thomas Gaffney. Gaffney obtained a loan secured by a mortgage on the premises from the plaintiff Ameriquest Mortgage Company (hereinafter Ameriquest). Ameriquest commenced this foreclosure action against Gaffney, among others...

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