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DEUTSCHE BANK NATL. TRUST CO. v. MacPHERSON

2019-14310, 2019-14311. Index No. 614087/18.

200 A.D.3d 647 (2021)

159 N.Y.S.3d 72

2021 NY Slip Op 06672

Deutsche Bank National Trust Company, Respondent, v. Donald MacPherson et al., Defendants, and Quantuck Farms Corp., Appellant.

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

Decided December 1, 2021.

Attorney(s) appearing for the Case

Irwin Popkin , Melville, NY, for appellant.

Hinshaw & Culbertson, LLP, New York, NY ( Schuyler B. Kraus and Han Sheng Beh of counsel), for respondent.

Mastro, J.P., Brathwaite Nelson, Iannacci and Genovesi, JJ., concur.

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

On June 7, 2006, the defendant Donald MacPherson acquired the subject property from the defendant Quantuck Farms Corp. (hereinafter Quantuck Farms) for no consideration. On that same day, MacPherson borrowed $877,500 from the plaintiff's predecessor in interest. In exchange for the loan, he executed a note, which provided for repayment in monthly...

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