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DEUTSCHE BANK NATIONAL TRUST CO. v. HENRY

2018-11378. Index No. 44692/07.

189 A.D.3d 1357 (2020)

134 N.Y.S.3d 790

2020 NY Slip Op 07863

Deutsche Bank National Trust Company, Appellant, v. Gail Henry et al., Defendants, and 6 Monroe Street, LLC, Respondent.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

Leopold & Associates, PLLC, Armonk, NY ( Stephanie Rojas of counsel), for appellant.

Petroff Amshen LLP, Brooklyn, NY ( Serge F. Petroff , James Tierney , and Steven Amshen of counsel), for respondent.

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

Ordered that the order dated August 2, 2018, is reversed, on the law, with costs, and the plaintiff's motion to vacate the conditional order of dismissal dated March 7, 2017, and to restore the action to the active calendar is granted.

In August 2004, the defendants Gail Henry and Elis Joseph borrowed $720,000 from Argent Mortgage Company, LLC (hereinafter Argent). Henry and Joseph executed a note evidencing the loan and a mortgage as security for the note. The mortgage...

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