DEUTSCHE BANK NATL. TRUST CO. v. MOTZEN

2019-13086. Index No. 704091/15.

207 A.D.3d 434 (2022)

169 N.Y.S.3d 539

2022 NY Slip Op 04289

Deutsche Bank National Trust Company, Appellant, v. Fischel Motzen, Respondent, et al., Defendants.

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

Decided July 6, 2022.


Attorney(s) appearing for the Case

Blank Rome, LLP, New York, NY ( Andrea M. Roberts of counsel), for appellant.

Law Office of Laurence D. Gerowitz, P.C., New York, NY, for respondent and defendant Chabad of Flushing, Inc.

Brathwaite Nelson, J.P., Miller, Zayas and Genovesi, JJ., concur.


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

In April 2006, the defendant Fishel Motzen borrowed the sum of $660,000 from the plaintiff's predecessor in interest. The loan was memorialized by a note and secured by a mortgage encumbering certain real property in Queens. Motzen allegedly defaulted on the note and mortgage by failing to pay the monthly installments of principal and interest due on April 1, 2007, and thereafter.

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