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NMNT REALTY CORP. v. KNOXVILLE 2012 TRUST

2015-03210. Index No. 13279/13.

151 A.D.3d 1068 (2017)

58 N.Y.S.3d 118

2017 NY Slip Op 05230

NMNT REALTY CORP., Appellant, v. KNOXVILLE 2012 TRUST, Respondent, et al., Defendants.

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

Decided June 28, 2017.

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

In 2003, the plaintiff's predecessors-in-interest (hereinafter the mortgagors) executed a mortgage in favor of Washington Mutual Bank, FA (hereinafter WAMU), that encumbered a parcel of real property located in Smithtown, Suffolk County (hereinafter the property), owned by the mortgagors. The mortgage secured a note executed by one of the mortgagors, pursuant to which he promised to repay the...

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