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DEUTSCHE BANK NATIONAL TRUST COMPANY v. POSNER

2010-07997.

89 A.D.3d 674 (2011)

933 N.Y.S.2d 52

2011 NY Slip Op 7803

DEUTSCHE BANK NATIONAL TRUST COMPANY, Respondent, v. MARTIN L. POSNER et al., Appellants, et al., Defendants.

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

Decided November 1, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

In December 2006 the defendant Martin L. Posner executed a note, secured by a mortgage on certain property owned by him and the defendant Jane Y. Posner (hereinafter together the appellants). Subsequently, the mortgage was assigned by Mortgage Electronic Registration Systems, Inc., as nominee for the lender, to the plaintiff. Shortly thereafter, on September 4, 2009, the plaintiff commenced this...

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