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U.S. BANK TRUST, N.A. v. BOKTOR

Index No. 850251/17. Appeal No. 13315. Case No. 2020-02406.

193 A.D.3d 474 (2021)

144 N.Y.S.3d 181

2021 NY Slip Op 02124

U.S. Bank Trust, N.A., Appellant, v. Amir Boktor, Also Known as Amir F. Boktor, et al., Respondents, et al., Defendants.

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

Decided April 6, 2021.

Attorney(s) appearing for the Case

Locke Lord LLP, New York ( Joseph N. Froehlich of counsel), for appellant.

Petroff Amshen LLP, Brooklyn ( James Tierney of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, Kennedy, Shulman, JJ.

In this mortgage foreclosure action, plaintiff seeks to enforce a mortgage agreement securing a promissory note that gave plaintiff's predecessor, nonparty Bank of America, N.A. (BANA) a security interest in residential property located at 120 Riverside Boulevard, Apt. 10T in Manhattan. On December 1, 2009, BANA filed a foreclosure action against defendants. While that foreclosure action was pending, defendant Amir Boktor filed for Chapter 7 bankruptcy in Texas. On January...

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