U.S. BANK NATIONAL ASSN. v. COX

2016-01732, Index No. 23262/09.

148 A.D.3d 962 (2017)

2017 NY Slip Op 01909

49 N.Y.S.3d 527

U.S. BANK NATIONAL ASSOCIATION, as Trustee of the LEHMAN BROTHERS SMALL BALANCE COMMERCIAL MORTGAGE PASSTHROUGH CERTIFICATES, 2007-3, Appellant, v. STEPHEN COX et al., Defendants.

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

Decided March 15, 2017.


Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and those branches of the plaintiff's motion which were for summary judgment on the complaint and for an order of reference are granted.

In January 2007, the defendant Sonia Stringer-Cox executed a 30-year note promising to repay the sum of $295,750 to Greenpoint Mortgage Funding, Inc. (hereinafter Greenpoint). The note was secured by a mortgage executed by Stringer...

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