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RHODES v. CITIMORTGAGE, INC.

2020-02752. Index No. 616021/16.

207 A.D.3d 767 (2022)

172 N.Y.S.3d 702

2022 NY Slip Op 04751

Eric Rhodes, Appellant, v. CitiMortgage, Inc., Respondent.

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

Decided July 27, 2022.

Attorney(s) appearing for the Case

Jeffrey Herzberg, P.C., Hauppauge, NY, for appellant.

Davidson Fink, LLP ( Larry T. Powell and Sills Cummis & Gross, P.C., New York, NY [ Joshua N. Howley and Matthew L. Lippert ], of counsel), for respondent.

Duffy, J.P., Maltese, Christopher and Ford, JJ., concur.

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

In October 1996, the plaintiff borrowed a sum of money from the defendant, CitiMortgage, Inc. (hereinafter CitiMortgage). The loan was secured by the shares of stock allocated to the cooperative apartment where the plaintiff resided, and his interest in the proprietary lease to that apartment. The plaintiff defaulted on his payment obligations. By notice dated August 23, 2016, CitiMortgage informed...

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