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NATIONSTAR MTGE., LLC v. FOLTISHEN INST.

2018-14780. Index No. 36195/13.

199 A.D.3d 1011 (2021)

154 N.Y.S.3d 827

2021 NY Slip Op 06620

Nationstar Mortgage, LLC, Respondent, v. Foltishen Institution, Appellant, et al., Defendants.

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

Decided November 24, 2021.

Attorney(s) appearing for the Case

Menashe & Associates LLP, Montebello, NY ( Shoshana Schneider and Yecheskel Menashe of counsel), for appellant.

Sandelands Eyet LLP, New York, NY ( Michael T. Madaio and Margaret Stefandl of counsel), for respondent.

Austin, J.P., Hinds-Radix, Duffy and Connolly, JJ., concur.

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

In October 2003, Sholom M. Twersky borrowed the sum of $459,000 from Lehman Brothers Bank, FSB. The loan was memorialized by a note and secured by a mortgage encumbering certain property in Monsey. In May 2007, Twersky conveyed his entire interest in the property to the defendant Foltishen Institution (hereinafter Foltishen). The mortgage was subsequently assigned to CitiMortgage, Inc. (hereinafter...

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