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HSBC BANK USA, N.A. v. VIVERITO

2018-13427. Index No. 611746/17.

189 A.D.3d 800 (2020)

133 N.Y.S.3d 486

2020 NY Slip Op 07176

HSBC Bank USA, National Association, Respondent, v. Thomas A. Viverito, Appellant, et al., Defendants.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

The Ranalli Law Group, PLLC, Hauppauge, NY ( Ernest E. Ranalli of counsel), for appellant.

McCalla Raymer Leibert Pierce, LLC, New York, NY ( Richard P. Haber of counsel), for respondent.

Rivera, J.P., Leventhal, LaSalle and Brathwaite Nelson, JJ., concur.

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

On May 30, 2007, the defendant Thomas A. Viverito (hereinafter the defendant) executed a note in favor of Lehman Brothers Bank, FSB, in the sum of $618,000. The note was secured by a mortgage on real property located in West Islip. In 2009, Mortgage Electronic Registration Systems, Inc., as nominee for Lehman Brothers Bank, FSB, assigned the mortgage to Aurora Loan Services, LLC. In 2012, Aurora...

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