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SRP 2012-4, LLC v. DARKWAH

2019-07629. Index No. 715559/16.

198 A.D.3d 938 (2021)

156 N.Y.S.3d 343

2021 NY Slip Op 05740

SRP 2012-4, LLC, Appellant, v. Bobby P. Darkwah et al., Defendants. Nasir Samdani, Nonparty Respondent.

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

Decided October 20, 2021.

Attorney(s) appearing for the Case

Richland & Falkowski, PLLC, Astoria, NY ( Michal Falkowski and Daniel Richland of counsel), for appellant.

Rothkrug Rothkrug & Spector, LLP, Great Neck, NY ( Simon H. Rothkrug of counsel), for nonparty-respondent.

Dillon, J.P., Austin, Duffy and Barros, JJ., concur.

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

In December 2016, the plaintiff commenced this action to foreclose a mortgage (hereinafter the subordinate mortgage), which secured a loan in the amount of $133,600, encumbering certain real property in Queens owned by the defendants Bobby P. Darkwah and Charlotte Boadu (hereinafter together the defendants). Another mortgage, senior to the subordinate mortgage (hereinafter the senior mortgage...

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