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J.P. MORGAN MORTGAGE ACQUISITION CORP. v. SOUTH HOMES, INC.

2018-07023. Index No. 708604/16.

189 A.D.3d 1381 (2020)

138 N.Y.S.3d 566

2020 NY Slip Op 07875

J.P. Morgan Mortgage Acquisition Corp., Respondent, v. South Homes, Inc., et al., Appellants, et al., Defendants.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

McLaughlin & Stern LLP, Great Neck, NY ( Todd Harris Hesekiel and Benjamin S. Kaplan of counsel), for appellants.

Rosenberg & Estis, P.C., New York, NY ( Timothy J. Fierst and Jamie C. Krapf of counsel), for respondent.

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

Ordered that the order is affirmed, with costs.

In July 2016, the plaintiff commenced this mortgage foreclosure action against, among others, the defendant Intazar Shah, in connection with real property owned by Shah in Queens (hereinafter the premises), and to cancel and vacate a satisfaction of the mortgage that was recorded in 2012. The plaintiff alleged that Shah is the obligor on a note in the amount of $394,000 executed by him in favor of Metlife Home Loans...

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