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U.S. BANK, N.A. v. GOTTERUP

2019-04765. Index No. 610966/17.

203 A.D.3d 982 (2022)

161 N.Y.S.3d 837

2022 NY Slip Op 01831

U.S. Bank National Association, Respondent, v. David Gotterup et al., Defendants. Windward Bora, LLC, Nonparty Appellant.

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

Decided March 16, 2022.

Attorney(s) appearing for the Case

Hasbani & Light, P.C., New York, NY ( Rafi Hasbani of counsel), for nonparty-appellant.

Robertson, Anschutz, Schneid, Crane & Partners, PLLC (Greenberg Traurig, LLP, New York, NY [ Marissa Banez ], of counsel), for respondent.

Iannacci, J.P., Rivera, Miller and Maltese, JJ., concur.

Ordered that the order is affirmed, with costs.

The defendant David Gotterup executed a note dated July 21, 2006, in the principal sum of $510,000, secured by a mortgage on real property located in Oceanside. In October 2017, the plaintiff commenced this action to foreclose the mortgage. The complaint identified the defendant Mortgage Electronic Registration Systems, Inc. (hereinafter MERS), as a subordinate mortgagee....

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