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BANK OF N.Y. MELLON TRUST CO., N.A. v. TALUKDER

2017-09216, Index No. 708036/14.

176 A.D.3d 772 (2019)

111 N.Y.S.3d 94

2019 NY Slip Op 07232

Bank of New York Mellon Trust Company, N.A., Respondent, v. Abul Talukder, Appellant, et al., Defendants.

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

Decided October 9, 2019.

Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York, NY ( Scott T. Horn of counsel), for appellant.

Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, Bay Shore, NY ( Keith L. Abramson of counsel), for respondent.

Dillon, J.P., Chambers, Duffy and Barros, JJ., concur.

Ordered that the order entered August 3, 2017, is affirmed insofar as appealed from, with costs.

In July 2008, the defendant Abul Talukder (hereinafter the defendant) executed a note in favor of AmTrust Bank (hereinafter Am Trust), promising to repay a loan of $530,000. To secure the loan, he also executed a mortgage in favor of Mortgage Electronic Registration Systems, Inc., as nominee of AmTrust. In March 2009, the defendant allegedly defaulted on the loan.

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