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DEUTSCHE BANK NATL. TRUST CO. v. SMARTENKO

2018-05261. Index No. 10453/12.

199 A.D.3d 643 (2021)

156 N.Y.S.3d 389

2021 NY Slip Op 05948

Deutsche Bank National Trust Company, Respondent, v. Diana Smartenko, Appellant, et al., Defendants.

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

Decided November 3, 2021.

Attorney(s) appearing for the Case

The Bernstein Law Firm, Brooklyn, NY ( Michael I. Bernstein of counsel), for appellant.

Houser & Allison, APC, New York, NY ( Daniel Park of counsel), for respondent.

Dillon, J.P., Iannacci, Christopher and Wooten, JJ., concur.

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

On February 14, 2006, the defendant Diana Smartenko (hereinafter the defendant) executed a note in favor of IndyMac Bank, FSB, in the sum of $907,500, which was secured by a mortgage encumbering certain property owned by the defendant. In August 2012, the plaintiff, as the alleged holder of the note and mortgage, commenced this action to foreclose the mortgage against, among others, the defendant...

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