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PENNYMAC CORP. v. SHELBY

2018-02792. Index No. 511826/14.

190 A.D.3d 759 (2021)

140 N.Y.S.3d 116

2021 NY Slip Op 00183

Pennymac Corp., Appellant, v. Elliot Shelby, Respondent, et al., Defendants.

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

Decided January 13, 2021.

Attorney(s) appearing for the Case

Zeichner Ellman & Krause LLP, New York, NY ( Philip S. Rosen of counsel), for appellant.

Oved & Oved LLP, New York, NY ( Jonathan A. Lynn of counsel), for respondent.

Mastro, A.P.J., Miller, Duffy and Brathwaite Nelson, JJ., concur.

Ordered that the order is affirmed, with costs.

In November 2014, the plaintiff commenced this action against, among others, the defendant Elliot Shelby (hereinafter the defendant) to foreclose on a mortgage on certain real property in Brooklyn. A prior foreclosure action had been commenced in 2006 against the defendant, among others, by the plaintiff's predecessor in interest involving the same mortgage and property as this action, but was dismissed in July 2014...

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