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U.S. BANK N.A. v. CLAIR

2019-14411. Index No. 604347/17.

208 A.D.3d 609 (2022)

173 N.Y.S.3d 312

2022 NY Slip Op 04927

U.S. Bank National Association, Respondent, v. Stephen M. Clair, Jr., Appellant, et al., Defendants.

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

Decided August 10, 2022.

Attorney(s) appearing for the Case

Ronald D. Weiss, P.C., Melville, NY ( Brandon Dei of counsel), for appellant.

McCalla Raymer Leibert Pierce, LLC, New York, NY ( Charles Jeanfreau , of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Chambers and Dowling, JJ., concur.

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

On January 26, 2007, the defendant Stephen M. Clair, Jr., executed a note in favor of First Franklin Financial Corp., an op. sub. of MLB & T Co., FSB. The note was secured by a mortgage on real property in Kings Park.

The plaintiff commenced this action to foreclose the mortgage in March 2017, alleging that Clair had defaulted under the loan terms by failing to make the payment due...

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