BANK OF NEW YORK MELLON v. HARDT

2017-05034, Index No. 131126/13.

173 A.D.3d 1125 (2019)

2019 NY Slip Op 05100

Bank of New York Mellon, Respondent, v. Michelle Hardt, Appellant, et al., Defendants.

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

Decided June 26, 2019.


Ordered that the order is affirmed, with costs.

This action to foreclose a mortgage was commenced in November 2013 by a summons and complaint alleging that the mortgagor, Michelle Hardt (hereinafter the defendant), had defaulted in her repayment obligations under a promissory note, and seeking to foreclose the mortgage that secured the underlying debt. Attached to the complaint was an affidavit of lost note sworn to by...

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