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JP MORGAN CHASE BANK, NATIONAL ASSOCIATION v. JOHNSON

2012-10456

129 A.D.3d 914 (2015)

10 N.Y.S.3d 446

2015 NY Slip Op 05159

JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, as Purchaser of the Loans and Other Assets of Washington Mutual Bank, Formerly Known as WASHINGTON MUTUAL BANK, FA, Respondent, v. WILLIAM C. JOHNSON et al., Appellants, et al., Defendants.

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

Decided June 17, 2015.

In an action, inter alia, for a judgment declaring that the plaintiff is the lawful holder of a consolidated mortgage on the subject property, the defendants William C. Johnson and Nancy C. Johnson appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County (Spinner, J.), dated July 17, 2012, which, in effect, converted their motion pursuant to CPLR 3211 (a) (3) to dismiss the complaint insofar as asserted against them into one for summary judgment...

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