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DEUTSCHE BANK NATL. TRUST CO. v. ZAGARI

2019-04761. Index No. 31789/09.

201 A.D.3d 883 (2022)

160 N.Y.S.3d 331

2022 NY Slip Op 00403

Deutsche Bank National Trust Company, Respondent, v. Paul Zagari, Appellant, et al., Defendants.

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

Decided January 26, 2022.

Attorney(s) appearing for the Case

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

Gross Polowy LLC ( Amanie A. Akarah and Reed Smith LLP, New York, NY [ Brenda Beauchamp Ward , Andrew B. Messite , and James Faller ], of counsel), for respondent.

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

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

The plaintiff commenced this action to foreclose a residential mortgage against, among others, the defendant Paul Zagari, following Zagari's default on his required monthly payments on the mortgage loan. Thereafter, the plaintiff and Zagari entered into settlement negotiations pursuant to CPLR 3408. However, the parties were unable to settle the action via a loan modification, and...

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