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DEUTSCHE BANK NATL. TRUST CO. v. SEIDLIN

No. 105162/2009, Mot. Seq. No. 002.

2011 NY Slip Op 31551 (U)

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERICAN HOME MORTGAGE ASSETS TRUST 2006-5 MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-5 4600 Regents Boulevard Suite 200 Irving, TX 75063-1730, Plaintiff, v. MARTIN SEIDLIN, JUNGKIL HAN, INA ZALOOM, JOHN DOE (Said name being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises), Defendants.

Supreme Court, New York County.

June 6, 2011.

Attorney(s) appearing for the Case

Steven J. Baum , P.C., By Jill Anderson, Esq. , 220 Northpointe Parkway Suite G, Amherst, NY 14228, 716-204-2400, For Plaintiff.

Stein Simpson & Rosen, P.A, By David B. Simpson, Esq. , Rockefeller Plaza, 1270 Avenue of the Americas, Suite 220, New York, New York 10020, 212-557-1520, For Defendant Ina Zaloom.

DECISION and ORDER

SALIANN SCARPULLA, Judge.

In this foreclosure action, plaintiff (hereinafter "Deutsche Bank") moves for leave to voluntarily discontinue without prejudice pursuant to CPLR 3217(b) "due to the assignment of the mortgage being incorrectly and/or incompletely acknowledged." (Anderson Affirm., ¶ 6). Defendant Ina Zaloom ("Zaloom"), on behalf of herself and co-defendant Martin B. Seidlin ("Seidlin"), cross-moves for summary judgment, seeking...

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