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ONEWEST BANK v. SCHIFFMAN

2017-04928, Index No. 504778/14.

175 A.D.3d 1543 (2019)

109 N.Y.S.3d 365

2019 NY Slip Op 06782

OneWest Bank, Respondent, v. Jerry Schiffman et al., Appellants.

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

Decided September 25, 2019.

Attorney(s) appearing for the Case

Law Office of Samuel Katz, PLLC, Brooklyn, NY, for appellants.

Stagg, Terenzi, Confusione & Wabnik, LLP, Garden City, NY ( Ronald M. Terenzi and Cara M. Goldstein of counsel), for respondent.

Rivera, J.P., Hinds-Radix, LaSalle and Iannacci, JJ., concur.

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

The defendants are the owners of real property located in Brooklyn. In September 2005, the defendants obtained a loan from Fremont Investment & Loan (hereinafter Fremont), secured by a mortgage on the property (hereinafter the first mortgage) in the amount of $315,000. The debt and security was documented by a note (hereinafter the first note) and mortgage agreement in favor...

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