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

2016-12710, Index No. 489/14.

176 A.D.3d 1020 (2019)

111 N.Y.S.3d 59

2019 NY Slip Op 07561

Bank of New York Mellon Trust Company, NA, Respondent, v. Sarine Obadia et al., Defendants, and Ocean Villas II, LLC, Appellant.

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

Decided October 23, 2019.

Attorney(s) appearing for the Case

Berg & David, PLLC, Brooklyn, NY ( Abraham David , Madeline Greenblatt , and Shane Wax of counsel), for appellant.

Hogan Lovells LLP, New York, NY ( Lisa J. Fried , Christian Fletcher , Leah N. Jacob , and Robin Muir of counsel), for respondent.

Scheinkman, P.J., Roman, Miller and Connolly, JJ., concur.

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

On July 29, 2004, Sarine Obadia (hereinafter Sarine) executed a note in the sum of $580,000 in favor of First Financial Equities, Inc. (hereinafter First Financial). The note was secured by a mortgage executed by Sarine and her husband, Ismah Obadia (hereinafter Ismah), on property located in Brooklyn (hereinafter the premises). Sarine and Ismah later...

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