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FUENTES v. LOMTO FED. CREDIT UNION

2019-05169. Index No. 714485/18.

200 A.D.3d 1032 (2021)

155 N.Y.S.3d 804

2021 NY Slip Op 07540

Julio C. Fuentes, Appellant, v. LOMTO Federal Credit Union et al., Respondents.

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

Decided December 29, 2021.

Attorney(s) appearing for the Case

Leavitt, Kerson & Sehati, Forest Hills, NY ( Paul E. Kerson of counsel), for appellant.

Jaspan Schlesinger, LLP, Garden City, NY ( Antonia M. Donohue of counsel), for respondent LOMTO Federal Credit Union.

Georgia M. Pestana , Corporation Counsel, New York, NY ( Aaron M. Bloom and Fay Ng of counsel), for respondents City of New York and New York City Taxi and Limousine Commission.

Port Authority Law Department, New York, NY ( Jonathan I. Smith of counsel), for respondent Port Authority of New York and New Jersey.

Thomas J. Quigley , New York, NY ( Daniel L. Russo of counsel), for respondent Metropolitan Transportation Authority.

Chambers, J.P., Hinds-Radix, Miller and Connolly, JJ., concur.

Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

In 2016, the plaintiff borrowed more than $500,000 from the defendant LOMTO Federal Credit Union (hereinafter LOMTO) to finance his ownership of a New York City yellow taxicab medallion. The plaintiff defaulted on the loan in October 2018. The following month, in accordance with the terms of the loan, LOMTO notified the plaintiff that...

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