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THE BANK OF NEW YORK MELLON v. NUNEZ

Index No. 380670/07. Appeal No. 16640. Case No. 2022-00857.

210 A.D.3d 486 (2022)

176 N.Y.S.3d 493

2022 NY Slip Op 06418

The Bank of New York Mellon, Formally Known as The Bank of New York, as Trustee for the Certificateholders CWABS, Inc., Asset-Backed Certificates, Series 2006-26, Respondent, v. Albania Nunez et al., Defendants, and MAK Asset, Inc., Appellant.

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

Decided November 15, 2022.

Attorney(s) appearing for the Case

Fadullon Dizon Krul, LLP, Jericho ( Alexander Krul of counsel), for appellant.

LOGS Legal Group LLP, Rochester ( Austin T. Shufelt of counsel), for respondent.

Concur—Gische, J.P., Kapnick, Kern, Gesmer, Higgitt, JJ.

Order, Supreme Court, Bronx County (Doris M. Gonzalez, J.), entered on or about November 18, 2019, which granted plaintiff's motion for summary judgment as against MAK Asset, Inc. as to all issues, except as to the issue of plaintiff's standing to commence this action, unanimously affirmed, without costs.

By order entered July 1, 2013, Supreme Court granted plaintiff's motion for a default judgment against defendant borrower...

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