DEUTSCHE BANK NATL. TRUST CO. v. KINGSBURY

2016-13239, Index No. 12996/12.

171 A.D.3d 871 (2019)

95 N.Y.S.3d 893

2019 NY Slip Op 02681

Deutsche Bank National Trust Company, Respondent, v. Phillip Kingsbury, Appellant, et al., Defendants.

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

Decided April 10, 2019.


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

In February 2006, the defendant Phillip Kingsbury (hereinafter the defendant) executed an adjustable-rate note in the amount of $618,000 in favor of New Century Mortgage Corporation (hereinafter New Century), which was secured by a mortgage on real property located in Wantagh. By assignment executed on March 24, 2009, the mortgage was assigned to the plaintiff. In October 2012, the plaintiff...

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