LOMBARD v. YACOOB

2016-07426. Index No. 36016/05.

168 A.D.3d 919 (2019)

92 N.Y.S.3d 398

2019 NY Slip Op 00427

Lucienne Lombard, Plaintiff, v. Farhaad Yacoob et al., Defendants, Atara Hirsch-Twersky, Respondent, and HSBC Bank USA, N.A., as Trustee for the Registered Holders of Ace Securities Corp. Home Equity Loan Trust, Series 2005-HE3, Asset Backed Pass-Through Certificates, Appellant.

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

Decided January 23, 2019.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant HSBC Bank USA, N.A, which was for summary judgment on its counterclaim to impose an equitable lien on the subject premises in the sum of $207,566.25 as of January 26, 2004, is granted.

The plaintiff owned and occupied a house located in Brooklyn (hereinafter the premises). Prior to January 26, 2004, the premises were encumbered by a mortgage...

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