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DiTECH FIN., LLC v. RAPUZZI

2018-11313. Index No. 506351/18.

187 A.D.3d 715 (2020)

130 N.Y.S.3d 349

2020 NY Slip Op 05489

Ditech Financial, LLC, Respondent, v. George Rapuzzi, Appellant, et al., Defendants.

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

Decided October 7, 2020.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant George Rapuzzi (hereinafter the defendant) executed a note promising to repay a loan in the amount of $356,000, which was secured by a mortgage on real property located in Brooklyn. On March 29, 2018, the plaintiff commenced this foreclosure action against the defendant, among others, attaching to the complaint a lost note affidavit and purported copy of the original note. The defendant...

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