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IPA ASSET MANAGEMENT, LLC v. BANK OF NEW YORK MELLON

2019-07111. Index No. 605557/18.

202 A.D.3d 1068 (2022)

159 N.Y.S.3d 894

2022 NY Slip Op 01151

IPA Asset Management, LLC, Respondent, v. Bank of New York Mellon, Appellant.

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

Decided February 23, 2022.

Attorney(s) appearing for the Case

Shapiro, DiCaro & Barak, LLC, Rochester, NY ( Alex Cameron , Austin T. Shufelt , and Ellis M. Oster of counsel), for appellant.

Christopher Thompson , West Islip, NY, for respondent.

Duffy, J.P., Miller, Zayas and Genovesi, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint is granted.

In December 2006, Ivan Young obtained a loan from America's Wholesale Lender, which was secured by a mortgage on certain real property located in Suffolk County. Thereafter, the mortgage was assigned to the defendant. After Young defaulted on his payment obligations, a notice of default dated December 3, 2007, was sent...

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