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HSBC BANK USA, N.A. v. DAVENPORT

2016-11985, Index No. 24013/08.

170 A.D.3d 683 (2019)

93 N.Y.S.3d 590

2019 NY Slip Op 01575

HSBC Bank USA, N.A., as Trustee for Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2007-3, Respondent, v. Anthony Davenport et al., Appellants, et al., Defendants.

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

Decided March 6, 2019.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action against Anthony Davenport and Crystal A. Davenport (hereinafter together the defendants), among others, seeking to foreclose a mortgage securing a condominium unit in Brooklyn. The defendants interposed an answer to the complaint asserting, among other things, the defense that the plaintiff failed to properly mail or deliver a notice of default pursuant to...

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