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CARR HOLDINGS, LLC v. MARTINEZ

2019-03710. Index No. 612174/18.

205 A.D.3d 767 (2022)

169 N.Y.S.3d 98

2022 NY Slip Op 03094

Carr Holdings, LLC, Respondent, v. Heriberto Martinez et al., Defendants, and Nationstar Mortgage, LLC, Appellant.

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

Decided May 11, 2022.

Attorney(s) appearing for the Case

McCalla Raymer Leibert Pierce, LLC, New York, NY ( Richard P. Haber of counsel), for appellant.

Robert Bichoupan, P.C., Great Neck, NY ( Carolyn C. Bichoupan of counsel), for respondent.

Barros, J.P., Connolly, Christopher and Genovesi, JJ., concur.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

In July 2009, Heriberto Martinez and Irene Sulikowski (hereinafter together the borrowers), who were then the owners of the subject property located in Hempstead (hereinafter the subject property), executed a home equity conversion mortgage, also known as a reverse mortgage (hereinafter the reverse mortgage), in favor of nonparty Wells Fargo Bank, N.A., to secure a note for a maximum principal...

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