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U.S. BANK N.A. v. JEFFREY

2019-02039. Index No. 607501/16.

193 A.D.3d 905 (2021)

142 N.Y.S.3d 395

2021 NY Slip Op 02333

U.S. Bank National Association, Respondent, v. Gregory A. Jeffrey et al., Appellants, et al., Defendants.

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

Decided April 14, 2021.

Attorney(s) appearing for the Case

John J. Caracciolo , East Northport, NY, for appellants.

Friedman Vartolo LLP, New York, NY ( Oran Schwager and Richard O'Brien of counsel), for respondent.

Mastro, A.P.J., Hinds-Radix, Brathwaite Nelson and Iannacci, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

On May 22, 2007, the defendant Gregory A. Jeffrey executed a note promising to pay Accredited Home Lenders, Inc. (hereinafter Accredited), the principal sum of $319,500 plus interest. On the same date, Jeffrey and the defendant John A. Schimmel (hereinafter together the defendants) executed a mortgage securing the note and encumbering real property located in

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