HSBC BANK, USA v. DAMMOND


59 A.D.3d 679 (2009)

___ N.Y.S.2d ___

HSBC BANK, USA, Appellant, v. HOWARD DAMMOND, Respondent, et al., Defendants.

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

Decided February 24, 2009.


Ordered that the order is reversed, on the law, with costs, and those branches of the motion which were to vacate the judgment of foreclosure and dismiss the complaint are denied.

This appeal arises from an attempt to foreclose a mortgage on property located in White Plains, which was owned by the defendant Howard Dammond (hereinafter the respondent). The subject mortgage was originally funded by First Continental Mortgage and Investment Corporation (hereinafter First...

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