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HSBC Bank USA, N.A. v. MINOGUE

2018-07798. Index No. 12901/13.

202 A.D.3d 662 (2022)

158 N.Y.S.3d 607

2022 NY Slip Op 00653

HSBC Bank USA, National Association, Respondent, v. David J. Minogue et al., Defendants. Kenneth Ahrem et al., Nonparty Appellants.

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

Decided February 2, 2022.

Attorney(s) appearing for the Case

Ronald D. Weiss P.C., Melville, NY ( Brandon Dei of counsel), for nonparty-appellants.

Davidson Fink LLP, Rochester, NY ( Richard N. Franco and Winston & Strawn LLP [ Michael E. Blaine ], of counsel), for respondent.

Barros, J.P., Chambers, Zayas and Genovesi, JJ., concur.

Ordered that the order is affirmed, with costs.

In March 2005, the defendant David J. Minogue executed a note in the sum of $593,750 in favor of Fremont Investment & Loan. The note was secured by a mortgage on real property located in East Islip. The mortgage was subsequently assigned to the plaintiff. In July 2006, David J. Minogue conveyed his interest in the property to the defendant Margaret Minogue.

In May 2013, the plaintiff commenced this action...

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