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BANK OF AMERICA, N.A. v. TOBIN

2016-06578, 2016-06580. Index No. 24166/12.

168 A.D.3d 661 (2019)

91 N.Y.S.3d 228

2019 NY Slip Op 00088

Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP, Formerly Known as Countrywide Home Loans Servicing LP, Respondent, v. Carol Tobin, Also Known as Carol A. Tobin, et al., Appellants, et al., Defendants.

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

Decided January 9, 2019.

Ordered that the appeal from the first order is dismissed, as the portions of the first order appealed from were superseded by the second order; and it is further,

Ordered that the second order dated is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

In February 2008, the defendants Carol Tobin and Paul Tobin (hereinafter together the defendants) executed a note in the principal sum...

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