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MAHOPAC BANK v. VIGNOGNA

2017-05807. Index No. 55493/14.

165 A.D.3d 1250 (2018)

84 N.Y.S.3d 810

2018 NY Slip Op 07302

Mahopac Bank, Respondent, v. George Vignogna et al., Appellants, et al., Defendants.

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

Decided October 31, 2018.

Ordered that the judgment is affirmed, with costs.

In 2014, the plaintiff commenced this action to foreclose a mortgage given by the defendants George Vignogna and Barbara Vignogna (hereinafter together the defendants). In their answer, the defendants asserted, inter alia, the affirmative defenses of failure to comply with conditions precedent, in that the defendants did not receive a 90-day notice pursuant to RPAPL 1304, or a 30-day notice of default. The plaintiff...

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