BANK OF NEW YORK MELLON TRUST CO. v. MCCALL

2012-07482, Index No. 13743/08.

116 A.D.3d 993 (2014)

985 N.Y.S.2d 255

2014 NY Slip Op 2891

BANK OF NEW YORK MELLON TRUST COMPANY, Respondent, v. LINDA L. McCALL et al., Appellants, et al., Defendants.

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

Decided April 30, 2014.


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

The plaintiff commenced this action to foreclose a mortgage. In her answer, the defendant Linda L. McCall asserted, as her sole affirmative defense, that she was fraudulently induced into entering into the subject mortgage transaction.

The Supreme Court properly granted that branch of the plaintiff's motion which was for summary judgment on the complaint insofar as asserted against McCall...

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