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BANK OF NEW YORK MELLON v. ALLI

2017-04213, Index No. 706787/15.

175 A.D.3d 1472 (2019)

109 N.Y.S.3d 398

2019 NY Slip Op 06735

Bank of New York Mellon, Appellant, v. Akbar Alli, Respondent, et al., Defendants.

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

September 25, 2019.

Attorney(s) appearing for the Case

Stern & Eisenberg, P.C., Depew, NY ( Margaret J. Cascino and Anthony P. Scali of counsel), for appellant.

Jeffrey M. Kramer , Brooklyn, NY, for respondent.

Balkin, J.P., Leventhal, Roman and Connolly, JJ., concur.

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

On January 5, 2007, the defendant Akbar Alli (hereinafter the defendant) borrowed the sum of $472,000 from Countrywide Bank, N.A., which loan was secured by a mortgage encumbering residential real property. On March 27, 2008, the plaintiff's predecessor in interest, the Bank of New York, commenced an action to foreclose the mortgage based upon the defendant's alleged default under the terms of...

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