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WILMINGTON SAV. FUND SOCY., FSB v. RASHED

2019-04030. Index No. 519568/17.

195 A.D.3d 774 (2021)

145 N.Y.S.3d 412

2021 NY Slip Op 03630

Wilmington Savings Fund Society, FSB, Appellant, v. Qassem M.Q. Rashed, Respondent, et al., Defendants.

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

Decided June 9, 2021.

Attorney(s) appearing for the Case

Hinshaw & Culbertson LLP, New York, NY ( Brian S. McGrath of counsel), for appellant.

Petroff Amshen LLP, Brooklyn, NY ( Serge F. Petroff , James Tierney , and Steven Amshen of counsel), for respondent.

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

Ordered that the order is affirmed, with costs.

In November 2006, the defendant Keon Roger John executed a note to borrow the sum of $479,120 from Residential Home Funding, Corp. (hereinafter Residential). The note was secured by a mortgage on certain real property located in Brooklyn.

Residential's successor in interest, and the plaintiff's predecessor in interest, South Point, Inc. (hereinafter South Point), commenced...

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