GMAC MORTGAGE, LLC v. EBERLE

2017-11754, Index No. 50055/09.

172 A.D.3d 822 (2019)

100 N.Y.S.3d 367

2019 NY Slip Op 03572

GMAC Mortgage, LLC, Respondent, v. Brian Eberle, Appellant, et al., Defendants.

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

Decided May 8, 2019.


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

The plaintiff commenced this action on December 24, 2009, to foreclose a mortgage which was executed by the defendant Brian Eberle (hereinafter the defendant) on November 29, 2001, along with a promissory note, in favor of Coastal Capital Corp. The plaintiff became the owner and holder of the promissory note and mortgage by an assignment dated December 11, 2009. The plaintiff alleged that the...

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