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U.S. BANK N.A. v. AORTA

2016-05574, Index No. 10075/08.

176 A.D.3d 755 (2019)

107 N.Y.S.3d 681

2019 NY Slip Op 07106

U.S. Bank National Association, as Trustee for RMAC Trust, Series 2013-IT, Respondent, v. Noam Aorta, Appellant, et al., Defendants.

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

Decided October 2, 2019.

Attorney(s) appearing for the Case

Grant Pudalov, P.C. (Farber Brocks & Zane LLP, Garden City, NY [ Tracy L. Frankel ], of counsel), for appellant.

Rosicki, Rosicki & Associates, P.C., Plainview, NY ( Kenneth Sheehan of counsel), for respondent.

Mastro, J.P., Austin, Cohen and Maltese, JJ., concur.

Ordered that the judgment of foreclosure and sale is affirmed, with costs.

In May 2008, the plaintiff commenced this action against, among others, the defendant Noam Aorta (hereinafter the defendant) to foreclose a mortgage on certain real property located in Roslyn Heights (hereinafter the premises). The defendant failed to appear or answer the complaint. In an order dated July 20, 2009, the Supreme Court granted the plaintiff...

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