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SHAW FUNDING, LP v. BENNETT

2018-14724. Index No. 705449/16.

185 A.D.3d 857 (2020)

125 N.Y.S.3d 567

2020 NY Slip Op 03936

Shaw Funding, LP, Respondent, v. Archibald Bennett, Appellant, et al., Defendants.

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

Decided July 15, 2020.

Ordered that the order is affirmed, with costs.

On September 6, 2007, the defendants Archibald Bennett and Lorna Spence (hereinafter together the borrowers) executed a note in favor of the defendant David A. Cantor and Barry H. Levites, promising to repay a loan in the amount of $350,000 (hereinafter the 2007 note). The 2007 note was secured by a mortgage, signed only by Spence, encumbering certain real property located in Queens. Thereafter, on May 15, 2009, the...

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