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U.S. BANK, N.A. v. IMTIAZ

2017-10391. Index No. 2994/10.

198 A.D.3d 1005 (2021)

155 N.Y.S.3d 590

2021 NY Slip Op 05887

U.S. Bank, N.A., Respondent, v. Misbah Imtiaz, Appellant, et al., Defendants.

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

Decided October 27, 2021.

Attorney(s) appearing for the Case

Kupillas Unger & Benjamin, LLP, Great Neck, NY ( Jeffrey Benjamin of counsel), for appellant.

Gross Polowy, LLC, Westbury, NY ( Stephen J. Vargas of counsel), for respondent.

Mastro, J.P., Austin, Duffy and Connolly, JJ., concur.

Ordered that the order dated August 3, 2017, is reversed insofar as appealed from, on the law, with costs, and the motion of U.S. Bank, N.A., pursuant to CPLR 5015(a)(1) to vacate the order dated September 30, 2015, and to direct the Suffolk County Clerk to reinstate and record the mortgage against the subject property is denied.

On July 31, 2006, Misbah Imtiaz (hereinafter the defendant) executed a note in the sum of $368,000 in favor of Opteum Financial Services...

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