BANK OF N.Y. v. HUTCHINSON

2017-13111. Index No. 501471/16.

190 A.D.3d 804 (2021)

140 N.Y.S.3d 559

2021 NY Slip Op 00284

Bank of New York, Respondent, v. Antoinette Hutchinson, Appellant, et al., Defendants.

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

Decided January 20, 2021.


Attorney(s) appearing for the Case

Leon I. Behar , P.C., New York, NY, for appellant.

Davidson Fink LLP, Rochester, NY ( Larry T. Powell of counsel), for respondent.

Mastro, A.P.J., Chambers, Iannacci and Wooten, JJ., concur.


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

The plaintiff seeks to foreclose a mortgage given by the defendant Antoinette Hutchinson (hereinafter the defendant) encumbering real property located in Brooklyn. The plaintiff alleges that the defendant defaulted under the terms of the mortgage by failing to make the monthly payment due August 1, 2008, and all payments due thereafter.

The defendant moved, inter alia, for summary judgment...

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