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CHASE HOME FIN., LLC v. SHOUMATOFF

530501.

192 A.D.3d 1352 (2021)

144 N.Y.S.3d 469

2021 NY Slip Op 01537

Chase Home Finance, LLC, Plaintiff, v. Alex Shoumatoff, Respondent, et al., Defendants. US Bank Trust National Association, as Trustee for 1900 Capital Trust III, as Assignee of Chase Home Finance, LLC, Appellant.

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

Decided March 18, 2021.

Attorney(s) appearing for the Case

Adam Leitman Bailey, PC, New York City ( Jeffrey R. Metz of counsel), for appellant.

L. Blake Morris , New York City, for respondent.

Garry, P.J., Lynch, Pritzker and Reynolds Fitzgerald, JJ., concur.

In 2007, plaintiff commenced this mortgage foreclosure action against defendant Alex Shoumatoff (hereinafter defendant) after he allegedly failed to make payments due under a note. Following joinder of issue, defendant served a 90-day demand in 2017, upon plaintiff's counsel, among others, demanding that plaintiff resume prosecution of...

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