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BANK OF AM., N.A. v. TERRY

2017-01992, 2017-01993. Index No. 7754/13.

177 A.D.3d 669 (2019)

111 N.Y.S.3d 636

2019 NY Slip Op 07940

Bank of America, N.A., Respondent, v. Gerald Terry, Appellant, et al., Defendant.

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

Decided November 6, 2019.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

On February 9, 2007, the defendant Gerald Terry (hereinafter the defendant) executed a note in favor of Somerset Investors Corp. promising to repay a loan of $261,000. The defendant secured the note with a mortgage on residential property located in Warwick. On June 2, 2010, the defendant executed a loan modification agreement resulting...

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