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STATE OF NEW YORK MTGE. AGENCY v. LINKENBERG

2015-01075. Index No. 7731/08.

150 A.D.3d 1035 (2017)

55 N.Y.S.3d 126

2017 NY Slip Op 03980

STATE OF NEW YORK MORTGAGE AGENCY, Appellant, v. ZEV LINKENBERG et al., Respondents, et al., Defendants.

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

Decided May 17, 2017.

Ordered that the order is reversed, on the law, with costs, the motion of the defendants Zev Linkenberg and Chanie Linkenberg, inter alia, pursuant to CPLR 3215 (c) to dismiss the complaint as abandoned is denied, and the plaintiff's cross motion, inter alia, pursuant to CPLR 3215 (f) for a judgment of foreclosure and sale is granted.

Zev Linkenberg and Chanie Linkenberg (hereinafter together the defendants) executed a note dated October 24, 1985, in the sum of $85...

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