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DEUTSCHE BANK NATIONAL TRUST CO. v. WHALEN

2012-06184.

107 A.D.3d 931 (2013)

969 N.Y.S.2d 82

2013 NY Slip Op 4770

DEUTSCHE BANK NATIONAL TRUST COMPANY, Respondent, v. THOMAS J. WHALEN, Appellant, et al., Defendants.

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

Decided June 26, 2013.

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

In 2005, the defendant Thomas J. Whalen executed a note and mortgage in connection with the refinancing of his home. The original mortgagee transferred the note and mortgage to the plaintiff, and subsequently executed an assignment of those documents to the plaintiff prior to the commencement of this action. Whalen defaulted in 2008, and the plaintiff...

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