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FIRST FRANKLIN FINANCIAL CORP. v. BENIAMINOV

2014-07979, Index No. 10962/08.

144 A.D.3d 975 (2016)

42 N.Y.S.3d 46

2016 NY Slip Op 07923

FIRST FRANKLIN FINANCIAL CORPORATION, Appellant, v. ROBERT BENIAMINOV et al., Defendants, and BELLA BENIAMINOV, Also Known as BELLA A. BENIAMINOVA, Respondent.

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

Decided November 23, 2016.

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

The plaintiff seeks to foreclose a mortgage in the principal amount of $600,000, which it alleges was secured by the residence of the defendants Robert Beniaminov and Bella Beniaminov, also known as Bella A. Beniaminova (hereinafter Bella), in Forest Hills, Queens. Bella contends that the mortgage at issue, which purported to refinance the existing mortgage on the property, was fraudulently obtained...

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