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DEUTSCHE BANK v. TULLOCH

SP 000437/10.

27 Misc.3d 1170 (2010)

900 N.Y.S.2d 837

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for the REGISTERED HOLDERS OF NEW CENTURY HOME EQUITY LOAN TRUST, SERIES 2005-B, ASSET BACKED PASS THROUGH CERTIFICATES, Petitioner, v. DAVE TULLOCH et al., Respondents.

District Court of Nassau County, First District.

Decided May 5, 2010.

Attorney(s) appearing for the Case

Rose & Rose, New York City, for Milly Nieves, respondent.

De Rose & Surico, New York City, for petitioner.

OPINION OF THE COURT

SCOTT FAIRGRIEVE, J.

Respondent Milagros Nieves, also known as Milly Nieves, moves to dismiss the holdover proceeding brought against her by Deutsche Bank National Trust Company.

Facts and Procedural History

(1) Petitioner commenced foreclosure proceedings (lis pendens was filed) for the subject premises located at 54 Agnes Street, Freeport, New York on or about January 7, 2008.

(2) A judgment of foreclosure...

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