BENEFICIAL HOMEOWNER SERV. CORP. v. HEIRS AT LARGE OF THWAITS

529722.

185 A.D.3d 1126 (2020)

127 N.Y.S.3d 163

2020 NY Slip Op 03709

Beneficial Homeowner Service Corporation, Appellant, v. Heirs at Large of Ramona E. Thwaits, Deceased, et al., Respondents, et al., Defendants.

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

Decided July 2, 2020.


In 2002, Ramona E. Thwaits (hereinafter decedent) borrowed a sum of money from plaintiff's predecessor in interest and executed a promissory note that was secured by a mortgage on certain real property in the Town of Jay, Essex County. In October 2009, after the mortgage had been assigned to plaintiff and after decedent had allegedly defaulted...

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