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EMC MORTGAGE CORPORATION v. GASS

517044

114 A.D.3d 1074 (2014)

981 N.Y.S.2d 814

2014 NY Slip Op 1235

EMC MORTGAGE CORPORATION, Appellant, v. MARIAN M. GASS, Respondent, et al., Defendant.

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

Decided February 20, 2014.

EGAN JR., J.

Appeal from an order of the Supreme Court (Lynch, J.), entered August 29, 2012 in Rensselaer County, which, upon renewal, granted defendant Marian M. Gass' motion to dismiss the complaint.

In early 2000, defendant Marian M. Gass (hereinafter defendant) executed a note and mortgage in favor of Option One Mortgage Corporation in the amount of $90,750 with respect to certain real property located in the City of Troy, Rensselaer County. Shortly thereafter...

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