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GMAC MORTGAGE CORPORATION v. SUNG SOOK PARK

51 A.D.3d 972 (2008)

860 N.Y.S.2d 122

GMAC MORTGAGE CORPORATION, Doing Business as DITECH.COM, Appellant, v. SUNG SOOK PARK et al., Defendants, and DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee under the Pooling and Servicing Agreement Services ITF RAST ARM 12, Respondent.

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

Decided May 27, 2008.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion which was to stay the sale of the subject premises pursuant to the judgment of foreclosure and sale pending the determination of the interest of the defendant Deutsche Bank National Trust Company, as trustee under the Pooling and Servicing Agreement Services ITF RAST ARM 12, in the proceeds of the sale, and substituting...

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