WELLS FARGO BANK, N.A. v. EISLER

2013-05498

118 A.D.3d 982 (2014)

988 N.Y.S.2d 682

2014 NY Slip Op 4753

WELLS FARGO BANK, N.A., Appellant, v. GEORGE EISLER et al., Respondents, et al., Defendants.

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

June 25, 2014.


Ordered that the order is affirmed, with costs.

The plaintiff commenced this action, inter alia, to foreclose a mortgage. In answering the complaint, the defendants George Eisler and Doris Eisler (hereinafter together the Eisler defendants) set forth several affirmative defenses, including that, as a condition precedent to the commencement of the action, the mortgage documents required the plaintiff to provide a notice of default, and the plaintiff had not done so...

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