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BROWN v. DECAUDIN

2013-08967, 2014-02105

129 A.D.3d 875 (2015)

10 N.Y.S.3d 444

2015 NY Slip Op 05139

DAVID BROWN, Respondent, v. BRUNO DECAUDIN, Also Known as BRUNO Y. DECAUDIN, et al., Defendants, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Nominee for Ohio Savings Bank, Appellant.

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

Decided June 17, 2015.

In an action, inter alia, to rescind a deed and discharge a certain mortgage based on fraudulent inducement, the defendant Mortgage Electronics Registration Systems, Inc., as nominee for Ohio Savings Bank, appeals (1) from stated portions of an order of the Supreme Court, Westchester County (Colabella, J.H.O.), dated July 30, 2013, which, inter alia, converted that branch of its motion which was to dismiss the complaint insofar...

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