PENNYMAC CORP. v. LEVY

2019-01069. Index No. 23005/15.

207 A.D.3d 735 (2022)

173 N.Y.S.3d 259

2022 NY Slip Op 04732

Pennymac Corp., Respondent, v. Isaac Levy et al., Appellants, et al., Defendants.

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

Decided July 27, 2022.


Attorney(s) appearing for the Case

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

The Frank Law Firm, P.C., Old Brookville, NY ( Thomas J. Frank of counsel), for respondent.

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


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants Isaac Levy and Michelle Levy, to strike those defendants' answer, and for an order of reference are denied.

On June 29, 2005, the defendant Isaac Levy executed a note promising to pay the sum of $682,500 plus interest. The note was secured by a mortgage...

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