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JPMORGAN CHASE BANK, N.A. v. GARCETE

2019-06618, 2019-06619. Index No. 620298/16.

203 A.D.3d 1149 (2022)

163 N.Y.S.3d 816

2022 NY Slip Op 02119

JPMorgan Chase Bank, National Association, Respondent, v. Codi Garcete, Appellant, et al., Defendants.

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

Decided March 30, 2022.

Attorney(s) appearing for the Case

The Law Offices of David L. Singer, P.C., Melville, NY, for appellant.

McCalla Raymer Leibert & Pierce LLC, New York, NY ( Brian P. Scibetta of counsel), for respondent.

Brathwaite Nelson, J.P., Roman, Genovesi and Dowling, JJ., concur.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

In July 2007, the defendant Codi Garcete (hereinafter the defendant) obtained a home equity line of credit in the amount of $475,000 from Washington Mutual Bank (hereinafter WaMu), which was secured by a mortgage on property located in Suffolk County. In a letter dated June 5, 2009, WaMu sent the defendant a "NOTICE OF INTENT TO ACCELERATE," which stated that the defendant had breached...

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