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HART 230, INC. v. PENNYMAC CORP.

2018-03202. Index No. 512092/14.

194 A.D.3d 789 (2021)

2021 NY Slip Op 03022

Hart 230, Inc., Plaintiff, v. PennyMac Corp., Respondent, and Joel Rolnitzky et al., Appellants, et al., Defendants.

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

Decided May 12, 2021.

Attorney(s) appearing for the Case

Rosenberg, Fortuna & Laitman, LLP, Garden City, NY ( Anthony R. Filosa of counsel), for appellants.

Blank Rome LLP, New York, NY ( Diana M. Eng and Andrea M. Roberts , of counsel), for respondent.

Dillon, J.P., Austin, Barros and Wooten, JJ., concur.

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

On June 15, 2007, the defendant Uddin Khan borrowed $544,000 from nonparty Knightsbridge Mortgage Bankers (hereinafter Knightsbridge) and executed a note in favor of Knightsbridge. As security, Khan gave Knightsbridge a mortgage on real property located in Brooklyn (hereinafter the subject property). In June 2007, Knightsbridge assigned the note and...

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