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RTT HOLDINGS, LLC v. NACHT

2017-03800, Index No. 614891/16.

206 A.D.3d 834 (2022)

170 N.Y.S.3d 201

2022 NY Slip Op 03915

RTT Holdings, LLC, Appellant, v. Lawrence Nacht, as Personal Representative of the Estate of Pearl Nacht, Deceased, Respondent, et al., Defendants.

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

Decided June 15, 2022.

Attorney(s) appearing for the Case

Windels Marx Lane & Mittendorf, LLP, New York, NY ( James Tracy and Wayne Cook of counsel), for appellant.

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

Ordered that the order is affirmed, without costs or disbursements.

In 2006, Pearl Nacht (hereinafter the decedent) refinanced her home by borrowing the sum of $210,000 from the plaintiff, payable within one year, at an interest rate of 12%. The loan was secured by a mortgage on the decedent's real property in Suffolk County. The plaintiff alleged that the decedent defaulted on the loan by failing to make the principal payment of $210,000, which was due on July 1...

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