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BANK OF AMERICA, N.A. v. TORNHEIM

2010-00391.

82 A.D.3d 1141 (2011)

919 N.Y.S.2d 372

BANK OF AMERICA, N.A., Respondent, v. ELIAHU TORNHEIM et al., Appellants, et al., Defendants.

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

Decided March 29, 2011.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to foreclose a mortgage on the single-family home in which the defendants Eliahu Tornheim and Alisa Tornheim (hereinafter together the defendants) lived. The defendants moved to dismiss the complaint, arguing, inter alia, that there was a federal moratorium on mortgage foreclosure actions when the instant action was commenced, due to the passage of the Helping Families Save Their Homes...

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