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MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. SCHUH

48 A.D.3d 838 (2008)

852 N.Y.S.2d 403

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Respondent, v. CHRISTOPHER SCHUH et al., Appellants, et al., Defendants.

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

Decided February 7, 2008.

Rose, J.

In 2004, plaintiff commenced this mortgage foreclosure action, alleging that, by an assignment to it as nominee, it was the holder of a note executed by defendants Christopher Schuh and Diane Schuh (hereinafter collectively referred to as defendants) and a mortgage executed by Christopher Schuh, and that defendants were in default in paying on the note. The summons and complaint were received by defendants as a result of service made pursuant to CPLR 308...

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