WELLS FARGO BANK N.A. v. SMITH

2017-11314. Index No. 1144/11.

197 A.D.3d 532 (2021)

153 N.Y.S.3d 42

2021 NY Slip Op 04631

Wells Fargo Bank, N.A., Appellant, v. Gabriele Smith, Respondent, et al., Defendants.

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

Decided August 4, 2021.


Attorney(s) appearing for the Case

Leopold & Associates, PLLC (Greenberg Traurig, LLP, New York, NY [ Patrick G. Broderick ], of counsel), for appellant.

Chambers, J.P., Austin, Brathwaite Nelson and Iannacci, JJ., concur.


Ordered that the order is affirmed, without costs or disbursements.

On March 5, 2003, the defendant Gabriele Smith (hereinafter the defendant) executed and delivered to the plaintiff's predecessor in interest a note in which she promised to repay a loan in the amount of $590,900, secured by a mortgage on certain real property located in Pomona.

On February 9, 2011, the plaintiff commenced this action against, among others, the defendant to foreclose the mortgage...

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