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WELLS FARGO BANK v. ELIACIN

2017-12976, Index No. 16408/09.

206 A.D.3d 950 (2022)

171 N.Y.S.3d 139

2022 NY Slip Op 04042

Wells Fargo Bank, N.A., Respondent, v. Josue Eliacin et al., Appellants, et al., Defendants.

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

Decided June 22, 2022.

Attorney(s) appearing for the Case

The Law Office of Alexander Paykin, P.C., New York, NY ( Eliyahu Kaploun of counsel), for appellants.

Goodwin Proctor LLP, New York, NY ( Allison J. Schoenthal and Leah Edmunds of counsel), for respondent.

Chambers, J.P., Roman, Genovesi and Dowling, JJ., concur.

Ordered that the order dated September 5, 2017, is affirmed insofar as appealed from, with costs.

The plaintiff alleged in the complaint that in May 2006, the defendants Josue Eliacin and Marie Cantave (hereinafter together the defendants) executed a note in the amount of $674,650, which was secured by a mortgage on the subject property. The plaintiff further alleged that the defendants failed to make the payment due in...

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