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BANKERS TRUST COMPANY OF CALIFORNIA, N.A. v. STEWART TITLE INSURANCE COMPANY

6 A.D.3d 184 (2004)

774 N.Y.S.2d 516

BANKERS TRUST COMPANY OF CALIFORNIA, N.A., Appellant, v. STEWART TITLE INSURANCE COMPANY, Respondent.

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

April 1, 2004.

Plaintiff bank is the assignee of a note and related mortgage in the amount of $127,500, evidencing a loan by FHB Funding Corp. to one Wendy Lovelace, secured by premises located in Jamaica, New York. However, the entire loan transaction was part of a criminal conspiracy involving the repeated sale of the same premises, and, once the mortgage proceeds were disbursed, the conspirators disappeared. Although plaintiff has commenced this action to recover its losses from the...

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