HUDSON CITY SAVINGS BANK v. BERRY

2016-10251. Index No. 5207/12.

178 A.D.3d 686 (2019)

111 N.Y.S.3d 249

2019 NY Slip Op 08663

Hudson City Savings Bank, Respondent, v. David Berry et al., Appellants, et al., Defendants.

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

Decided December 4, 2019.


Attorney(s) appearing for the Case

David Berry and Brenda E. Berry, Pleasant Valley, NY, appellants pro se.

Cohn & Roth, Mineola, NY ( Michael Nayar of counsel), for respondent.

Balkin, J.P., Chambers, Cohen and Brathwaite Nelson, JJ., concur.


Ordered that the judgment of foreclosure and sale is affirmed, with costs.

In 2008, the defendants David Berry and Brenda E. Berry (hereinafter together the defendants) obtained a loan from the plaintiff in the principal sum of $420,000, which was secured by a mortgage on the subject premises. The defendants defaulted on the loan in February 2012, and in July 2012 the plaintiff commenced this action to foreclose the mortgage. By order dated September 8, 2014, the...

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