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DEUTSCH BANK NATL. TRUST CO. v. GOLDWASSER

532700.

199 A.D.3d 1281 (2021)

157 N.Y.S.3d 568

2021 NY Slip Op 06591

Deutsch Bank National Trust Company, as Indenture Trustee, Appellant, v. Mark S. Goldwasser et al., Respondents, et al., Defendants.

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

Decided November 24, 2021.

Attorney(s) appearing for the Case

Knuckles, Komosinski & Manfro, LLP, Fishkill ( Louis A. Levithan of counsel), for appellant.

MacVean, Lewis, Sherwin & McDermott, PC, Middletown ( Kevin F. Preston of counsel), for respondents.

Garry, P.J., Lynch, Pritzker and Reynolds Fitzgerald, JJ., concur.

Defendants Mark S. Goldwasser and Paula Goldwasser (hereinafter collectively referred to as defendants) executed a note secured by a mortgage on real property in Sullivan County. After defendants failed to make payments due under the note, plaintiff, on August 10, 2012, commenced a mortgage foreclosure action against defendants, among...

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