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KEARNEY v. KEARNEY

11/6131

42 Misc.3d 360 (2013)

979 N.Y.S.2d 226

2013 NY Slip Op 23378

SUE A. KEARNEY, Plaintiff, v. DOMENIC M. KEARNEY, Defendant. CITIMORTGAGE, INC., Plaintiff, v. DOMENIC M. KEARNEY et al., Defendants.

Supreme Court, Monroe County.

November 7, 2013.

Attorney(s) appearing for the Case

Gerald Manioci, Rochester, for Domenic M. Kearney, defendant.

Rosicki, Rosicki & Associates, P.C., Plainview ( Owen M. Robinson of counsel), for Citimortgage, Inc., plaintiff.

OPINION OF THE COURT

RICHARD A. DOLLINGER, J.

This unusual matrimonial-related action requires the court to venture outside the Domestic Relations Law and into uncharted depths of New York law involving the relatively new obligations of a creditor when foreclosing a marital property. The facts are undisputed. In 2008, after a year's marriage, the husband secured a mortgage on the marital residence. He is the sole obligor on the note and mortgage, and is...

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