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LITTON LOAN SERVICING, LP v. POLANCO

12162/2009.

37 Misc.3d 330 (2012)

949 N.Y.S.2d 877

2012 NY Slip Op 22176

LITTON LOAN SERVICING, LP, Plaintiff, v. CESAR A. POLANCO et al., Defendants.

Supreme Court, Orange County.

Decided June 29, 2012.

Attorney(s) appearing for the Case

Steven J. Baum, P.C., Amherst ( Stephen J. Paluch of counsel), for plaintiff.

Cesar Polanco, defendant pro se.

Mayra Reyes, defendant pro se.

OPINION OF THE COURT

LAWRENCE H. ECKER, J.

This mortgage foreclosure action raises a novel and important issue regarding the legality of substituting nunc pro tunc a newly signed affidavit of merit and amount due in place of the original affidavit after the latter was used by the mortgagee to obtain an order of reference and judgment of foreclosure and sale.

Plaintiff Litton Loan Servicing, LP, moves for an order pursuant to CPLR 5019 (a) and CPLR...

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