BANK OF NEW YORK v. PENALVER

2012-10714.

125 A.D.3d 795 (2015)

1 N.Y.S.3d 835

BANK OF NEW YORK, on Behalf of the Certificate Holders, CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2007-7, Respondent, v. JEAN PENALVER et al., Defendants, and JOSHUA NESBITT, Appellant.

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

Decided February 18, 2015.


Ordered that the order and judgment is affirmed, with costs.

The doctrine of equitable subrogation "is broad enough to include every instance in which one party pays a debt for which another is primarily answerable and which in equity and good conscience should have been discharged by the latter, so long as the payment was made either under compulsion or for the protection of some interest of the party making the payment...

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