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71-21 LOUBET, LLC v. BANK OF AM., N.A.

2020-01313. Index No. 708850/16.

208 A.D.3d 736 (2022)

174 N.Y.S.3d 400

2022 NY Slip Op 05012

71-21 Loubet, LLC, Respondent, v. Bank of America, N.A., Appellant, et al., Defendant.

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

Decided August 24, 2022.

Attorney(s) appearing for the Case

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

Erin E. Wietecha , Farmingdale, NY, for respondent.

Brathwaite Nelson, J.P., Iannacci, Wooten and Zayas, JJ., concur.

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

On March 29, 2000, Kimie Miyamoto and Akira Miyamoto (hereinafter together the Miyamotos) executed a mortgage on certain real property in Queens in favor of Lincoln Equities Credit Corp. (hereinafter Lincoln) in exchange for a loan in the sum of $110,000 (hereinafter the Lincoln mortgage). The mortgage was recorded. The Miyamotos immediately...

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