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U.S. BANK N.A. v. HURTADO

SP 007095/09.

27 Misc.3d 933 (2010)

899 N.Y.S.2d 806

U.S. BANK NATIONAL ASSOCIATION, as Trustee, on Behalf of the Holders of the Adjustable Rate Mortgage Trust 2007-1, Adjustable Rate Mortgage-Backed Pass-Through Certificates, Series 2007-1, Petitioner, v. CLAIRE HURTADO et al., Respondents.

District Court of Nassau County, First District.

Decided April 12, 2010.

Attorney(s) appearing for the Case

James G. Mermigis , Syosset, for Peter Kangelaris and another, respondents.

Claire Hurtado , respondent pro se.

Steven Baum, P.C. , Buffalo, for petitioner.

OPINION OF THE COURT

SCOTT FAIRGRIEVE, J.

Marigo and Peter Kangelaris move pursuant to CPLR 3211 to dismiss the petitioner's holdover proceeding. Petitioner U.S. Bank National Association opposes the motion.

The petitioner is the owner of real property premises located at 37 Oceanview Avenue, Valley Stream, New York, by virtue of a foreclosure referee's deed dated July 21, 2009 (affirmation in opposition, exhibit A) arising out of a judgment of foreclosure...

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