DEUTSCHE BANK NATL. TRUST CO. v. MATZEN

2017-09536. Index No. 9568/13.

174 A.D.3d 504 (2019)

101 N.Y.S.3d 859

2019 NY Slip Op 05386

Deutsche Bank National Trust Company, Appellant, v. Eric Matzen et al., Respondents.

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

Decided July 3, 2019.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Eric Matzen and for an order of reference are granted.

On June 29, 2005, the defendant Eric Matzen (hereinafter the defendant) executed a note in favor of America's Wholesale Lender, promising to repay a loan in the principal sum of $254,400, in monthly...

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