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U.S. BANK TRUST, N.A. v. MOOMEY-STEVENS

530125.

189 A.D.3d 1790 (2020)

138 N.Y.S.3d 220

2020 NY Slip Op 07440

U.S. Bank Trust, N.A., as Trustee, Respondent, v. Elizabeth Moomey-Stevens, Also Known as Elizabeth Stevens, Also Known as Elizabeth Moomey, et al., Appellants, et al., Defendants.

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

Decided December 10, 2020.

Attorney(s) appearing for the Case

Sandra Poland Demars , Albany, for appellants.

Shapiro, DiCaro & Barak, LLC, Rochester ( Ellis M. Oster of counsel), for respondent.

Garry, P.J., Egan Jr., Lynch and Colangelo, JJ., concur.

In 2004, defendants Elizabeth Moomey-Stevens and David Stevens (hereinafter collectively referred to as defendants) executed a promissory note that was secured by a mortgage on certain real property in the Village of Ballston Spa, Saratoga County. In August 2017, after defendants defaulted on the note and the mortgage was assigned to plaintiff...

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