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WELLS FARGO BANK, N.A. v. STEPHEN

2019-09221. Index No. 502002/17.

205 A.D.3d 1066 (2022)

166 N.Y.S.3d 914

2022 NY Slip Op 03414

Wells Fargo Bank, N.A., Respondent, v. Diane Stephen et al., Defendants, and Neville Hillocks et al., Appellants.

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

Decided May 25, 2022.

Attorney(s) appearing for the Case

Petroff Amshen LLP, Brooklyn, NY ( Serge F. Petroff , James Tierney , and Steven Amshen of counsel), for appellants.

Aldridge Pite LLP (Reed Smith LLP, New York, NY [ Kerren B. Zinner and Andrew B. Messite ], of counsel), for respondent.

Barros, J.P., Chambers, Zayas and Dowling, JJ., concur.

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

In November 2007, the defendant Diane Stephen borrowed the sum of $368,231 from Lend America. The loan was memorialized by a note and secured by a mortgage on certain property in Brooklyn. In January 2017, the plaintiff commenced this action to foreclose the mortgage against Stephen, among others. Stephen interposed a verified answer asserting various...

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