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WILMINGTON SAV. FUND SOCY., FSB v. 117 PULASKI, LLC

2018-14716. Index No. 510450/17.

197 A.D.3d 686 (2021)

153 N.Y.S.3d 126

2021 NY Slip Op 04735

Wilmington Savings Fund Society, FSB, Appellant, v. 117 Pulaski, LLC, et al., Respondents, et al., Defendants.

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

Decided August 18, 2021.

Attorney(s) appearing for the Case

Knuckles, Komosinski & Manfro, LLP, Elmsford, NY ( Max T. Saglimbeni of counsel), for appellant.

Avi Rosengarten , Brooklyn, NY, for respondent Maurice Cubas.

Rivera, J.P., Hinds-Radix, Miller and Wooten, JJ., concur.

Ordered that the order is affirmed, with costs.

In September 2005, the defendant Maurice Cubas borrowed the sum of $600,000 from the plaintiff's predecessor in interest, BNC Mortgage, Inc. The loan was secured by a mortgage encumbering certain property in Brooklyn. Cubas allegedly defaulted on the loan by failing to make the installment payments due and payable on October 1, 2006, and thereafter.

On or about April...

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