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BANK OF N.Y. MELLON v. CHAMOULA

2016-06411, Index No. 506998/15.

170 A.D.3d 788 (2019)

96 N.Y.S.3d 148

2019 NY Slip Op 01731

Bank of New York Mellon, Formerly Known as The Bank of New York, as Trustee for the Certificate Holders of CWMBS, Inc., CHL Mortgage Pass-Through Trust 2006-19 Mortgage Pass-Through Certificates, Series 2006-19, Appellant, v. Esther Chamoula, Respondent, et al., Defendant.

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

Decided March 13, 2019.

Ordered that the order is reversed, on the law, with costs, and those branches of the motion of the defendant Esther Chamoula which were pursuant to CPLR 3211 (a) (3) and (5) to dismiss the complaint insofar as asserted against her are denied.

In October 2006, the defendant Esther Chamoula (hereinafter the defendant) executed a note in the sum of $648,000 in favor of GFI Mortgage Bankers, Inc. (hereinafter GFI). The note was secured by a mortgage on residential property...

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