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EMIGRANT BANK v. CARRERA

2019-00323. Index No. 2813/14.

208 A.D.3d 636 (2022)

173 N.Y.S.3d 57

2022 NY Slip Op 04950

Emigrant Bank, Respondent, v. Bertha Carrera et al., Appellants, et al., Defendants.

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

Decided August 17, 2022.

Attorney(s) appearing for the Case

The Law Firm of Ravi Batra, P.C., New York, NY ( Todd B. Sherman of counsel), for appellants.

Borchert & LaSpina, P.C., Whitestone, NY ( Edward A. Vincent , Robert W. Frommer , and Jason Sackoor of counsel), for respondent.

Connolly, J.P., Maltese, Genovesi and Ford, JJ., concur.

Ordered that the order dated September 21, 2018, is affirmed insofar as appealed from, with costs.

In September 2007, the defendant Bertha Carrera executed a note in the amount of $715,000 in favor of Emigrant Mortgage Company, Inc. (hereinafter Emigrant Mortgage). The note was secured by a mortgage on certain real property located in Brooklyn (hereinafter the mortgaged premises), and the mortgage was executed by Carrera and the defendants Miguel Rojas and Bertha...

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