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WELLS FARGO BANK v. ENITAN

2018-09600. Index No. 24791/08.

200 A.D.3d 736 (2021)

158 N.Y.S.3d 214

2021 NY Slip Op 06719

Wells Fargo Bank, N.A., Respondent, v. Sarah Enitan et al., Defendants, and Michael Enitan, Appellant.

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

Decided December 1, 2021.

Attorney(s) appearing for the Case

Petroff Amshen LLP, Brooklyn, NY ( Serge F. Petroff , James Tierney , and David R. Smith of counsel), for appellant.

McCabe, Weisberg & Conway, LLC (Greenberg Traurig, LLP, New York, NY [ Patrick G. Broderick ], of counsel), for respondent.

Rivera, J.P., Miller, Genovesi and Ford, JJ., concur.

Ordered that the order and judgment of foreclosure and sale is affirmed, with costs.

In April 2006, Sarah Enitan borrowed the sum of $530,000 from Union Federal Mortgage Corporation. The loan was memorialized by a note and secured by a mortgage she executed along with Michael Enitan (hereinafter the defendant) encumbering certain property in Brooklyn.

In August 2008, the plaintiff commenced this action to foreclose the mortgage against the defendant, among...

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