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SCARSO v. WILMINGTON SAV. FUND SOCY., FSB

2019-03737. Index No. 150771/18.

200 A.D.3d 817 (2021)

159 N.Y.S.3d 477

2021 NY Slip Op 06875

Francesco Scarso, Individually and as Administrator of the Estate of Rita Scarso, Deceased, Appellant, v. Wilmington Savings Fund Society, FSB, Respondent, et al., Defendants.

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

Decided December 8, 2021.

Attorney(s) appearing for the Case

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

Knuckles, Komosinski & Manfro, LLP, Elmsford, NY ( Gregg L. Verrilli of counsel), for respondent.

Hinds-Radix, J.P., Brathwaite Nelson, Iannacci and Zayas, JJ., concur.

Ordered that the order is affirmed, with costs.

In 2008, the plaintiff, Francesco Scarso, along with Pietro Scarso and Rita Scarso (hereinafter collectively the homeowners) executed a consolidated note and mortgage encumbering certain real property located in Staten Island. On July 31, 2009, BAC Home Loans Servicing, LP (hereinafter BAC), the predecessor in interest of the defendant Wilmington Savings Fund Society, FSB (hereinafter the defendant), commenced an action...

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