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COUNTRYWIDE HOME LOANS INC. v. DOMBEK

2008-04880

68 A.D.3d 1041 (2009)

2009 NY Slip Op 9606

892 N.Y.S.2d 465

COUNTRYWIDE HOME LOANS INC., Respondent, v. MICHAEL DOMBEK, Respondent, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Appellant, et al., Defendants. RBC MORTGAGE COMPANY, Nonparty Appellant.

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

Decided December 22, 2009.

Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the plaintiff's motion which were for summary judgment on the complaint and to strike the affirmative defense of equitable subrogation asserted in the answer, and substituting therefor a provision denying those branches of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

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