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CHRISTIANA TRUST v. BIRICA

2017-11393. Index No. 502081/17.

187 A.D.3d 979 (2020)

131 N.Y.S.3d 195

2020 NY Slip Op 05882

Christiana Trust, Appellant, v. Constantina Birica, Respondent, et al., Defendants.

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

Decided October 21, 2020.

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

In July 2007, the plaintiff's predecessor in interest, JPMorgan Chase Bank, N.A. (hereinafter Chase), commenced an action (hereinafter the 2007 action) against the defendant Constantina Birica and others to foreclose on a mortgage on real property. Chase alleged that Birica had provided the mortgage as security for a note she executed with Chase's...

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