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US BANK N.A. v. PRIMIANO

2019-00507, 2019-00508. Index No. 5977/11.

191 A.D.3d 926 (2021)

142 N.Y.S.3d 565

2021 NY Slip Op 01086

US Bank N.A., Respondent, v. Richard Primiano, Jr., et al., Defendants, and Elizabeth Primiano, Appellant.

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

Decided February 17, 2021.

Attorney(s) appearing for the Case

Rubin & Licatesi, P.C., Garden City, NY ( Jeanine A. Oberster of counsel), for appellant.

Hinshaw & Culbertson LLP, New York, NY ( Jason J. Oliveri of counsel), for respondent.

Rivera, J.P., Duffy, Iannacci and Wooten, JJ., concur.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

In February 2007, the defendant Elizabeth Primiano (hereinafter the defendant) borrowed the sum of $640,000 from New Century Mortgage Corporation. The loan was evidenced by an adjustable rate note and secured by a mortgage encumbering real property located in Massapequa. Thereafter, the plaintiff entered into a Pooling and Servicing Agreement...

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