BANK OF N.Y. MELLON v. ALLI

2016-05127. Index No. 13114/10.

156 A.D.3d 597 (2017)

66 N.Y.S.3d 291

2017 NY Slip Op 08501

BANK OF NEW YORK MELLON, Formerly Known as BANK OF NEW YORK, as Trustee for the Benefit of the Certificateholders, CWALT, INC., ALTERNATIVE LOAN TRUST 2007-3T1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-3T1, Respondent, v. SAFRAZ ALLI et al., Appellants, et al., Defendants.

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

Decided December 6, 2017.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants Safraz Alli and Bibi Shameena Alli and for an order of reference are denied.

On February 23, 2005, Safraz Alli (hereinafter the defendant) executed a note in the sum of $445,500 in favor of CIT Group/Consumer Finance, Inc., which was secured by a...

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