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U.S. BANK N.A. v. MORTON

2019-07191. Index No. 67501/16.

196 A.D.3d 715 (2021)

148 N.Y.S.3d 710

2021 NY Slip Op 04570

U.S. Bank National Association, Respondent, v. Allen J. Morton et al., Appellants, et al. Defendants.

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

Decided July 28, 2021.

Attorney(s) appearing for the Case

Eckert Seamans Cherin & Mellott, LLC, White Plains, NY ( Geraldine A. Cheverko of counsel), for respondent.

Michael Kennedy Karlson , New York, NY, for appellants.

Rivera, J.P., Duffy, Brathwaite Nelson and Wooten, JJ., concur.

Ordered that the order and judgment of foreclosure and sale is affirmed, with costs.

Allen J. Morton and Patsy J. Morton (hereinafter together the defendants) executed two notes which were consolidated by a consolidation, extension, and modification agreement dated May 17, 2005. This debt was secured by a mortgage on property located in Mount Kisco (hereinafter the subject property).

In November 2016, the plaintiff commenced this action to foreclose the mortgage...

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