EMIGRANT BANK v. BROWN

2017-00765, Index No. 705893/13.

175 A.D.3d 1488 (2019)

109 N.Y.S.3d 455

2019 NY Slip Op 06746

Emigrant Bank, Appellant, v. Eldwyn Brown, et al., Respondents, et al., Defendants.

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

September 25, 2019.


Attorney(s) appearing for the Case

Hertz, Cherson & Rosenthal, P.C., Forest Hills, NY ( Georgia Papazis of counsel), for appellant.

Biolsi Law Group, P.C., New York, NY ( Juan Paolo   F. Dizon and Steven Alexander Biolsi of counsel), for respondents.

Austin, J.P., Leventhal, Roman and Miller, JJ., concur.


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

In 2008, the defendant Eldwyn Brown executed a promissory note in the principal amount of $270,000, secured by a mortgage executed by Brown and the defendant Judy Purcell (hereinafter together the borrowers). The borrowers defaulted in making the mortgage payment due November 1, 2011, and all payments due thereafter. In December 2013, the plaintiff commenced this action against the borrowers...

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