DEUTSCHE BANK NATL. TRUST CO. v. SCHMELZINGER

2017-07283. Index No. 10071/15.

189 A.D.3d 1173 (2020)

138 N.Y.S.3d 540

2020 NY Slip Op 07543

Deutsche Bank National Trust Company, Respondent, v. Laurence Schmelzinger et al., Appellants, et al., Defendants.

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

Decided December 16, 2020.


Attorney(s) appearing for the Case

Hanna & Vlahakis, Brooklyn, NY ( Derrick Hanna of counsel), for appellants.

Greenberg Traurig, LLP, New York, NY ( Patrick G. Broderick of counsel), for respondent.

Dillon, J.P., LaSalle, Barros and Christopher, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants Laurence Schmelzinger and Anita Schmelzinger and for an order of reference are denied.

On April 16, 2007, the defendant Laurence Schmelzinger executed a note in favor of American Brokers Conduit. The note was secured by a mortgage executed by Laurence...

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