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CAPITAL ONE, N.A. v. LUDDEN

2018-07490. Index No. 1627/17.

192 A.D.3d 752 (2021)

144 N.Y.S.3d 95

2021 NY Slip Op 01385

Capital One, N.A., Respondent, v. Joseph Ludden, Appellant, et al., Defendants.

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

Decided March 10, 2021.

Attorney(s) appearing for the Case

Patacca & Associates, P.C., Williston Park, NY ( Kevin McDermott of counsel), for appellant.

Woods Oviatt Gilman LLP, Rochester, NY ( Cassie T. Dogali and Natalie Grigg of counsel), for respondent.

Dillon, J.P., LaSalle, Barros and Connolly, JJ., concur.

Ordered that the order is affirmed, with costs.

The defendant Joseph Ludden (hereinafter the defendant) executed a note promising to repay a loan that was secured by a mortgage. The defendant allegedly defaulted on his monthly mortgage payments beginning in December 2010. By letter dated December 29, 2010, the plaintiff's predecessor in interest notified the defendant that, "[i]f the default is not cured on or before February 2, 2011, the mortgage payments will be...

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