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RABINOWITZ v. DEUTSCHE BANK

10007/09.

28 Misc.3d 611 (2010)

903 N.Y.S.2d 869

CHARLES RABINOWITZ, Plaintiff, v. DEUTSCHE BANK, NATIONAL TRUST COMPANY, as Trustee for MORGAN STANLEY ABS CAPITAL, INC., Trust 2005 H2 Mortgage Pass Through Certificates, Series 2005 HE2, et al., Defendants.

Supreme Court, Rockland County.

Decided May 12, 2010.

Attorney(s) appearing for the Case

Fein, Such, Kahn & Shepard, P.C. for Deutsche Bank, National Trust Company, defendant. David Bojarski , defendant pro se. Mary Bojarski , defendant pro se. Michael M. Lippman for plaintiff.

OPINION OF THE COURT

ALFRED J. WEINER, J.

Plaintiff is the holder of a note secured by a second mortgage on the Bojarskis' real property located at 9 Hillview Avenue in Port Washington, New York (hereinafter the premises).

Defendant commenced a foreclosure action, bearing Nassau County index No. 180229/06, against David Bojarski, Mary Bojarski, and plaintiff, culminating in a judgment of foreclosure and sale regarding the premises.

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