ALPHA INVS., LLC v. McGOLDRICK

2015-05593. Index No. 8319/12.

151 A.D.3d 800 (2017)

2017 NY Slip Op 04812

59 N.Y.S.3d 33

ALPHA INVESTORS, LLC, Appellant, v. KATHLEEN McGOLDRICK et al., Defendants, and US BANK NATIONAL ASSOCIATION, as Trustee for the STRUCTURED ASSET INVESTMENT LOAN TRUST 2005-8, Respondent.

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

Decided June 14, 2017.


Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment declaring that the subject mortgage is invalid and directing the Clerk of Nassau County to cancel the mortgage.

On June 6, 2005, Joseph McGoldrick executed a note in favor of Corey Margulefsky in the sum of $140,000. As security for the note, McGoldrick and his wife gave a mortgage on the subject premises. The mortgage was recorded...

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