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SMITH v. BANK OF AM., N.A.

2011-04463, 2011-07162.

103 A.D.3d 21 (2012)

957 N.Y.S.2d 705

2012 NY Slip Op 8718

TERESA SMITH, Respondent, v. BANK OF AMERICA, N.A., Appellant.

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

December 19, 2012.

Attorney(s) appearing for the Case

Meyner and Landis LLP, Nyack ( David B. Grantz of counsel), for appellant.

Robert A. Brady , Port Washington, for respondent.

RIVERA, J.P., FLORIO and COHEN, JJ., concur.

OPINION OF THE COURT

CHAMBERS, J.

We are asked on this appeal to determine whether a mortgage given by one joint tenant to a third party without the knowledge of the other joint tenant acts to sever the joint tenancy. We answer this question in the negative.

In February 1999, the plaintiff, the sole owner of real property located in Port Washington (hereinafter the subject property), conveyed, by quitclaim deed, her entire ownership interest in the...

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