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80P2L LLC v. U.S. BANK TRUST, N.A.

Index No. 153849/15. Appeal No. 13174. Case No. 2020-01351.

194 A.D.3d 593 (2021)

2021 NY Slip Op 03275

80P2L LLC, Respondent, v. U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, Appellant.

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

Decided May 25, 2021.

Attorney(s) appearing for the Case

Law Office of Rajan Patel, Nanuet ( Rajan Patel of counsel), for appellant.

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

Concur—Kern, Singh, Shulman, JJ.

The parties do not dispute that the mortgage, as reflected in the records of the Office of the New York City Register, did not bear a notary stamp or any indication that the mortgage was properly acknowledged as required by Real Property Law §§ 291, 298, 309-a(1), and 333(2). However, the bank proffered evidence establishing that the mortgage was properly acknowledged when submitted for recording. This evidence included the original inked mortgage containing the...

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