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CITIGROUP GLOBAL MARKETS v. INFANTE

2013-04062, Index No. 28304/09.

134 A.D.3d 758 (2015)

23 N.Y.S.3d 246

2015 NY Slip Op 09063

CITIGROUP GLOBAL MARKETS, Appellant, v. RICHARD INFANTE et al., Defendants, and SOVEREIGN BANK, Respondent.

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

Decided December 9, 2015.

Ordered that the order is affirmed insofar as appealed from, with costs.

In 2007, the plaintiff's predecessor in interest, Option One Mortgage Corporation (hereinafter Option One), loaned the sum of $531,000 to the defendant Richard Infante to purchase certain premises. The loan was secured by a mortgage against the premises. At the time of the purchase, the premises was encumbered by an earlier recorded mortgage, held by Impac Funding Corporation (hereinafter Impac...

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