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LaSALLE BANK N.A. v. BENJAMIN

2016-02096. Index No. 443/09.

164 A.D.3d 1223 (2018)

83 N.Y.S.3d 592

2018 NY Slip Op 06005

LaSalle Bank National Association, as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-5, Appellant, v. David Benjamin et al., Respondents, et al., Defendants.

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

Decided September 12, 2018.

Ordered that the order is affirmed, with costs.

In 2009, the plaintiff commenced this action to foreclose a mortgage against property owned by the defendants David Benjamin (hereinafter David) and Chittra Benjamin (hereinafter Chittra). David answered the complaint, but Chittra did not. The plaintiff moved, inter alia, for summary judgment on the complaint. David opposed the motion and cross-moved pursuant to CPLR 3211 (a) to dismiss the complaint.

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