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GSR MTGE. LOAN TRUST v. EPSTEIN

2019-08434. Index No. 616183/18.

205 A.D.3d 891 (2022)

169 N.Y.S.3d 334

2022 NY Slip Op 03232

GSR Mortgage Loan Trust, Appellant, v. Anne Epstein et al., Respondents, et al., Defendants.

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

Decided May 18, 2022.

Attorney(s) appearing for the Case

McCalla Raymer Leibert Pierce, LLC, New York, NY ( Charles H. Jeanfreau of counsel), for appellant.

Yitzhak Law Group, Great Neck, NY ( Erica Yitzhak of counsel), for respondent Jason Epstein.

Barros, J.P., Rivera, Chambers and Wooten, JJ., concur.

Ordered that the order is reversed, on the law, with one bill of costs, and the separate motions of the defendants Anne Epstein and Jason Epstein pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against each of them are denied.

On December 15, 2004, the defendant Anne Epstein executed and delivered a note in the amount of $399,000, in favor of Countrywide Home Loans, Inc. To secure repayment of the note, Anne Epstein and the defendant Jason Epstein...

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