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PHH MTGE. CORP. v. BURT

2016-04434, Index No. 12668/11.

176 A.D.3d 1242 (2019)

112 N.Y.S.3d 231

2019 NY Slip Op 07802

PHH Mortgage Corporation, Respondent, v. Charise L. Burt, Appellant, et al., Defendants. Estate of Sydney Burt, Proposed Intervenor.

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

Decided October 30, 2019.

Attorney(s) appearing for the Case

Yitzhak & Epstein P.C., Great Neck, NY ( Erica T. Yitzhak and Giulia Palermo of counsel), for appellant.

McGlinchey Stafford, New York, NY ( Jason A. McCumber of counsel), for respondent.

Dillon, J.P., LaSalle, Barros and Christopher, JJ., concur.

Ordered that the order is affirmed, with costs.

On October 12, 2004, Charise L. Burt (hereinafter the defendant), Sydney Burt, and Karyn Berkley executed a promissory note in the amount of $170,000 in favor of Merrill Lynch Credit Corporation. As security for the note, the defendant, Sydney Burt, and Berkley executed a mortgage encumbering certain real property located in Roosevelt. The property was owned by the defendant, Sydney Burt, and Berkley as joint tenants...

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