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SAKALA v. BANK OF N.Y. MELLON

9482NA, 9482N, 300309/16E.

172 A.D.3d 640 (2019)

101 N.Y.S.3d 322

2019 NY Slip Op 04281

Christopher Sakala, Respondent, v. Bank of New York Mellon, Formerly Known as The Bank of New York, as Trustee on Behalf of CIT Mortgage Loan Trust 2007-1, Appellant.

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

Decided May 30, 2019.

Plaintiff financed the purchase of the subject property, and after a series of assignments, the note and mortgage was assigned to defendant. In 2010, defendant commenced a foreclosure action alleging that plaintiff had failed to pay the June 1, 2009 installment on the loan, and every payment thereafter. The foreclosure action became final after the entry of judgment of foreclosure and the valid sale of the property at auction ...

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