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PENNYMAC CORP. v. HOLCOMB

2019-11841, 2019-11842. Index No. 610242/17.

198 A.D.3d 978 (2021)

156 N.Y.S.3d 372

2021 NY Slip Op 05863

Pennymac Corp., Plaintiff, v. Michael E. Holcomb, Appellant, et al., Defendants. Long Island Investments, LLC, Nonparty Respondent. (Appeal No. 1.). Long Island Investments, LLC, Respondent, v. Michael E. Holcomb, Appellant, et al., Defendants. (Appeal No. 2.).

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

Decided October 27, 2021.

Attorney(s) appearing for the Case

The Ranalli Law Group, PLLC, Hauppauge, NY ( Ernest E. Ranalli of counsel), for appellant.

Real Estate Legal Solutions, P.C., Farmingdale, NY ( Edward Rugino of counsel), for nonparty-respondent in Appeal No. 1 and respondent in Appeal No. 2.

Chambers, J.P., Miller, Barros and Iannacci, JJ., concur.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

On September 1, 2005, the defendant Michael E. Holcomb executed a note in the sum of $1.12 million in favor of nonparty American Home Mortgage Acceptance, Inc. The 2005 note was secured by a mortgage encumbering real property located in Southampton. By assignment of mortgage dated August 10, 2007, the 2005 mortgage was assigned to nonparty Washington Mutual Bank, FA (hereinafter...

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