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U.S. BANK N.A. v. DUTHIE

350/12.

2014 NY Slip Op 51626(U)

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR WaMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-AR 12 TRUST, Plaintiff, v. HUGH DUTHIE, ET AL., Defendants.

Supreme Court, Kings County.

Decided November 17, 2014.

Attorney(s) appearing for the Case

Andrew J. Wells, Esq. , Phillips Lytle, LLP, 620 Eighth Avenue, 23rd Floor, New York, NY 10018, Attorney for Plaintiffs.

Rajesh Barua, Esq. , R. David Marquez, PC, 50 Clinton Street, Suite 214, Hempstead, NY 11550, Attorney for Defendants.

CAROLYN E. DEMAREST, J.

Defendant moves to strike the Note of Issue. Plaintiff moves for summary judgment pursuant to CPLR 3212 and to amend the caption.

BACKGROUND

On August 1, 2006, defendant Hugh Duthie entered a note ("Note") and mortgage ("Mortgage") with Washington Mutual Bank, FA ("WaMu"). WaMu lent defendant $940,000 to purchase residential condominium unit 8B located at 70 Washington Street, Brooklyn, New York ("Property") and the...

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