ASSYAG v. WELLS FARGO BANK, N.A.

2017-10557. Index No. 707845/15.

186 A.D.3d 1303 (2020)

131 N.Y.S.3d 699

2020 NY Slip Op 04908

Zahi Assyag, Respondent, v. Wells Fargo Bank, N.A., Appellant.

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

Decided September 16, 2020.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

In November 2007, the plaintiff borrowed the sum of $533,850 from the defendant, Wells Fargo Bank, N.A. (hereinafter Wells Fargo). The subject loan was memorialized by a note and secured by a mortgage encumbering certain real property in Queens. In 2009, the plaintiff defaulted on his payment

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