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WILMINGTON SAV. FUND SOCY., FSB v. HEAMPSTEAD PROP. VENTURES II, LLC

2019-13632. Index No. 606272/19.

205 A.D.3d 843 (2022)

165 N.Y.S.3d 896

2022 NY Slip Op 03142

Wilmington Savings Fund Society, FSB, Appellant, v. Heampstead Property Ventures II, LLC, Respondent, et al., Defendants.

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

Decided May 11, 2022.

Attorney(s) appearing for the Case

Friedman Vartolo LLP, New York, NY ( Zachary Gold and Oran Schwager of counsel), for appellant.

Biolsi Law Group, P.C., New York, NY ( Steven Alexander Biolsi of counsel), for respondent.

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

Ordered that the order is reversed insofar as appealed from, on the law, with costs.

On June 6, 2007, the defendant Derek Johnson executed a note in the amount of $320,000. The note was secured by a mortgage on real property in Hempstead. On December 11, 2007, Countrywide Home Loans, Inc. (hereinafter Countrywide), the plaintiff's predecessor in interest, commenced an action to foreclose the mortgage against Johnson, among others, and, in the complaint, elected to...

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