BAYVIEW LOAN SERVICING, LLC v. SYLVESTER

11690. 810056/11.

185 A.D.3d 514 (2020)

2020 NY Slip Op 04234

Bayview Loan Servicing, LLC, Appellant, v. Alleyne Sylvester et al., Respondents, et al., Defendants.

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

Decided July 23, 2020.


The note and mortgage upon which this foreclosure action is based contain provisions entitling plaintiff to recover attorney's fees reasonably incurred in enforcing its rights under the mortgage documents. The judgment of foreclosure and sale that plaintiff ultimately obtained directed the appointment of a referee to disburse proceeds of a sale of the subject property, including payment to plaintiff of reasonable legal fees to be determined at an assessment proceeding, and...

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