U.S. BANK NATIONAL ASSOCIATION v. DELLARMO

2010-11958.

94 A.D.3d 746 (2012)

942 N.Y.S.2d 122

2012 NY Slip Op 2481

U.S. BANK NATIONAL ASSOCIATION, as Trustee for the FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF2, Respondent, v. JOSEPH DELLARMO, Also Known as JOSEPH DELL'ARMO, Appellant, et al., Defendants.

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

Decided April 3, 2012.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Joseph Dellarmo, also known as Joseph Dell'Armo, to dismiss the complaint insofar as asserted against him is granted.

In commencing this action on April 25, 2006, to foreclose a mortgage entered into by the defendant Joseph Dellarmo, also known as Joseph Dell'Armo (hereinafter Dellarmo), the plaintiff asserted in its complaint that it had been assigned the subject mortgage...

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