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OAKDALE III, LLC v. DEUTSCHE BANK NATL. TRUST CO.

2019-03860. Index No. 607081/17.

189 A.D.3d 1685 (2020)

138 N.Y.S.3d 139

2020 NY Slip Op 08116

Oakdale III, LLC, Appellant, v. Deutsche Bank National Trust Company, Respondent, et al., Defendants.

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

Decided December 30, 2020.

Attorney(s) appearing for the Case

Zimmerman Law, P.C., Huntington Station, NY ( Naomi Trainer of counsel), for appellant.

Greenberg Traurig, LLP, New York, NY ( Brian Pantaleo of counsel), for respondent.

Austin, J.P., Maltese and Connolly, JJ., concur.

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

On February 7, 2006, Natalie Harris and Julian Carter (hereinafter together the mortgagors) executed a note in the principal sum of $267,120. The note was secured by a mortgage on certain residential property located in Bay Shore (hereinafter the subject property), which was owned by the mortgagors as joint tenants with right of survivorship. The mortgagors allegedly defaulted on the loan by...

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