DEUTSCHE BANK NATIONAL TRUST COMPANY v. FRESH

Index No. 810088/10, Appeal No. 1584, Case No. 2023-03945.

2024 NY Slip Op 00453

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERICAN HOME MORTGAGE ASSETS TRUST 2007-3, MORTGAGE-BACKED PASS-THROUGH CERTIFICATES SERIES 2007-3, Plaintiff-Respondent, v. DOUG E. FRESH, AS ADMINISTRATOR OF THE ESTATE OF ARLENE DAVIS, Defendant-Appellant, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ET AL., Defendants.

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

Decided February 1, 2024.


Attorney(s) appearing for the Case

Charles Wallshein , Melville, for appellant.

LOGS Legal Group LLP, Rochester ( Ellis M. Oster of counsel), for respondent.

Before: Manzanet-Daniels, J.P., Kern, Scarpulla, Rosado, O'Neill Levy, JJ.


Order, Supreme Court, New York County (Francis A. Kahn, J.), entered May 25, 2023, which, to the extent appealed from as limited by the briefs, granted plaintiff's motion to confirm the Referee's report awarding interest from May 4, 2015 to August 8, 2022 and at the rate of 7.625%, and denied the cross-motion of defendant Doug E. Fresh, as administrator, to reject the report to the extent it granted such interest, unanimously affirmed, without costs.

The motion court...

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