U.S. BANK NATIONAL ASSOCIATION v. PIA

2009-07258

73 A.D.3d 752 (2010)

901 N.Y.S.2d 104

U.S. BANK NATIONAL ASSOCIATION, Respondent, v. LISA ANN PIA et al., Defendants/Third-Party Plaintiffs-Appellants. GLM MORTGAGE COMPANY et al., Third-Party Defendants-Respondents.

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

Decided May 4, 2010.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this foreclosure action alleging that it was the holder of a note that was secured by a mortgage on the appellants' property in Carmel, New York. The complaint alleged that the appellants defaulted on their payment obligations.

In their amended verified answer and third-party complaint, the appellants asserted an affirmative defense alleging that the plaintiff...

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