U.S. BANK N.A. v. DERISSAINT

2019-03333. Index No. 504582/16.

193 A.D.3d 790 (2021)

141 N.Y.S.3d 862

2021 NY Slip Op 02187

U.S. Bank National Association, Appellant, v. Marie Derissaint, Respondent, et al., Defendants.

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

Decided April 7, 2021.


Attorney(s) appearing for the Case

Shapiro, DiCaro & Barak, LLC, Rochester, NY ( Alex Cameron , Austin T. Shufelt , and Ellis M. Oster of counsel), for appellant.

Young Law Group, PLLC, Bohemia, NY ( Justin F. Pane of counsel), for respondent.

Austin, J.P., Barros, Connolly and Christopher, JJ., concur.


Ordered that the order dated January 10, 2019, is affirmed insofar as appealed from, with costs.

In July 2006, the defendant Marie Derissaint (hereinafter the defendant) executed a note in the amount of $460,000 in favor of the plaintiff's predecessor. The note was secured by a mortgage on residential real property located in Brooklyn.

On October 6, 2009, the plaintiff commenced an action to foreclose the mortgage against, among others, the defendant. In an...

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