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RETEMIAH v. BANK OF N.Y. MELLON

2018-10260. Index No. 509403/17.

195 A.D.3d 649 (2021)

144 N.Y.S.3d 627

2021 NY Slip Op 03478

Paul Retemiah, Respondent, v. Bank of New York Mellon, Appellant.

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

Decided June 2, 2021.

Attorney(s) appearing for the Case

Akerman LLP, New York, NY ( Jordan M. Smith and Natsayi Mawere of counsel), for appellant.

Balisok & Kaufman, PLLC, Brooklyn, NY ( Jesse L. Kaufman of counsel), for respondent.

Dillon, J.P., Miller, Connolly and Brathwaite Nelson, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was for summary judgment on the complaint is denied.

In 2010, nonparty Nationstar Mortgage, LLC (hereinafter Nationstar), commenced an action against the plaintiff, among others, to foreclose a mortgage (hereinafter the 2010 foreclosure action) that the plaintiff allegedly executed in favor...

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