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CITIBANK, N.A. v. BARCLAY

381649/09.

124 A.D.3d 174 (2014)

999 N.Y.S.2d 375

CITIBANK, N.A., Appellant, v. BERYL M. BARCLAY, Respondent, et al., Defendants.

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

Decided December 11, 2014.

Attorney(s) appearing for the Case

Hogan Lovells US LLP, New York City ( Chava Brandriss , David Dunn and Robin L. Muir of counsel), for appellant.

Common Law, Inc., Sunnyside ( Karen Gargamelli and Jay Kim of counsel), for respondent.

TOM, J.P., RENWICK, DeGRASSE and KAPNICK, JJ., concur.

OPINION OF THE COURT

In June 1994, defendants Barclay and Hoggard borrowed the principal sum of $118,050 from the Money Store, secured by a mortgage on the subject real property. In or about March of 2009, they defaulted on their mortgage payments. On July 31, 2009, plaintiff, the holder of the note and mortgage, commenced...

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