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SRP 2012-4, LLC v. CHAN

938 CA 19-00382.

176 A.D.3d 1628 (2019)

110 N.Y.S.3d 761

2019 NY Slip Op 07195

SRP 2012-4, LLC, Appellant, v. Cynthia L. Chan, Also Known as Cynthia Chan, et al., Respondents, et al., Defendants.

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

Decided October 4, 2019.

Attorney(s) appearing for the Case

RICHLAND & FALKOWSKI, PLLC, ASTORIA ( DANIEL H. RICHLAND OF COUNSEL), FOR PLAINTIFF-APPELLANT.

WESTERN NEW YORK LAW CENTER, INC., BUFFALO ( KEISHA A. WILLIAMS OF COUNSEL), FOR DEFENDANT-RESPONDENT CYNTHIA L. CHAN, ALSO KNOWN AS CYNTHIA CHAN.

FIDELITY NATIONAL LAW GROUP, NEW YORK CITY ( VANESSA R. ELLIOTT OF COUNSEL), FOR DEFENDANT-RESPONDENT CATHERINE AMDUR.

Present—Centra, Carni, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this foreclosure action against, inter alia, defendants Cynthia L. Chan and Catherine Amdur. Chan purchased certain real property and, in 1998, executed a note secured by a mortgage on the property. The note and mortgage were eventually assigned to plaintiff in 2016. Prior to that assignment, Chan commenced an action in 2013 against the then...

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