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DEUTSCHE BANK NATIONAL TRUST COMPANY v. LEWIN

2019-11724. Index No. 508225/17.

205 A.D.3d 677 (2022)

168 N.Y.S.3d 485

2022 NY Slip Op 02977

Deutsche Bank National Trust Company, Respondent, v. Rowena Lewin et al., Defendants, and Z & D Menahan, LLC, Appellant.

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

Decided May 4, 2022.

Attorney(s) appearing for the Case

Balfe & Holland, P.C., Melville, NY ( Lee E. Riger of counsel), for appellant.

Berkman, Henoch, Peterson, Peddy & Fenchel, P.C., Garden City, NY ( Megan K. McNamara of counsel), for respondent.

Dillon, J.P., Duffy, Genovesi and Ford, JJ., concur.

Ordered that the order dated July 24, 2019, is affirmed insofar as appealed from, with costs.

On March 22, 2005, the defendant Rowena Lewin executed a note in favor of Fremont Investment & Loan in the sum of $66,000. The note was secured by a mortgage on real property located in Brooklyn. In 2007, the note and mortgage were assigned to HSBC Bank USA, N.A. (hereinafter HSBC). By summons and complaint dated February 21, 2007, HSBC commenced an action to foreclose...

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