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BAYVIEW LOAN SERVICING, LLC v. CARACAPPA

2019-02653. Index No. 1958/16.

202 A.D.3d 900 (2022)

159 N.Y.S.3d 691

2022 NY Slip Op 00997

Bayview Loan Servicing, LLC, Respondent, v. Kathleen M. Caracappa, Appellant, et al., Defendant.

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

Decided February 16, 2022.

Attorney(s) appearing for the Case

Steven A. Kimmel , Washingtonville, NY, for appellant.

Gross Polowy, LLC, Westbury, NY ( Stephen J. Vargas of counsel), for respondent.

Iannacci, J.P., Chambers, Miller and Ford, JJ., concur.

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

In March 2016, the plaintiff commenced this action against the defendant Kathleen M. Caracappa (hereinafter the defendant), and another individual, to foreclose a mortgage on real property located in Harriman. The defendant interposed an answer in which she asserted various affirmative defenses, including that the plaintiff lacked standing and failed...

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