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BANK OF NEW YORK v. RESLES

2104, 105433/06.

78 A.D.3d 469 (2010)

912 N.Y.S.2d 35

THE BANK OF NEW YORK, Appellant, v. OFER RESLES et al., Defendants, and HAMARI VENTURES, LLC, Respondent.

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

Decided November 16, 2010.

A summary of the odd procedural history of this foreclosure action is appropriate. Plaintiff Bank of New York (BONY) commenced an action to foreclose on two mortgages on a condominium apartment (the property) that were executed by the property's owner, defendant Resles. The first of these mortgages (the first mortgage) was in the amount of $225,000, made in favor of Madison Home Equities, executed on April 12, 2004, recorded on June 1, 2004, and assigned on November 3, 2004...

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