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HSBC BANK USA, N.A. v. KONE

2017-11946. Index No. 4937/13.

189 A.D.3d 798 (2020)

133 N.Y.S.3d 466

2020 NY Slip Op 07175

HSBC Bank USA, National Association, Appellant, v. Haroun Kone et al., Defendants, and 1514 E 45 Street, Inc., Respondent.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Hogan Lovells US LLP, New York, NY ( Allison J. Schoenthal and Leah Edmunds of counsel), for appellant.

Avi Rosengarten , Brooklyn, NY, for respondent.

Rivera, J.P., Roman, Duffy and Barros, JJ., concur.

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

In July 2006, Haroun Kone executed a note in the amount of $618,400 in favor of First United Mortgage Banking Corp., which was secured by a mortgage on certain real property in Brooklyn. Kone defaulted on the loan by failing to make the monthly installment payment due on August 1, 2007, and all payments thereafter. In October 2012, the loan servicer conditionally approved a short sale of the...

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