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MASPETH FED. SAV. & LOAN ASSN. v. ELIZER

2018-14568. Index No. 697/10.

197 A.D.3d 1252 (2021)

151 N.Y.S.3d 635

2021 NY Slip Op 05029

Maspeth Federal Savings and Loan Association, Appellant, v. Yeshiva Kollel Tifereth Elizer, Respondent, et al., Defendants.

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

Decided September 22, 2021.

Attorney(s) appearing for the Case

Masone, White, Penkava & Cristofari ( Mark L. Cortegiano , Middle Village, NY [ Diana J. Demirdjan and Derek Piersiak ], of counsel), for appellant.

Berg & David, PLLC, Brooklyn, NY ( Abraham David and Sholom Wohlgelernter of counsel), for respondent.

Mastro, J.P., Austin, Hinds-Radix and Connolly, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

In June 2005, the plaintiff, Maspeth Federal Savings and Loan Association (hereinafter Maspeth), loaned the sum of $975,000 to the defendant Yeshiva Kollel Tifereth Elizer (hereinafter Yeshiva). The loan was memorialized in a bond and secured by a mortgage encumbering certain real property in Brooklyn.

In a letter dated December 4, 2009, Maspeth declared that Yeshiva was in default due...

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