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BANK OF AM. v. GUZMAN

16520/09

26 Misc.3d 922 (2009)

2009 NY Slip Op 29528

892 N.Y.S.2d 846

BANK OF AMERICA, N.A., Successor by Merger to LASALLE BANK N.A., as Trustee for WASHINGTON MUTUAL MORTGAGE PASS-THROUGH CERTIFICATES WMALT SERIES 2006-3 TRUST, Plaintiff, v. MARCOS GUZMAN et al., Defendants.

Supreme Court, Queens County.

Decided December 18, 2009.

Attorney(s) appearing for the Case

Rosicki, Rosicki & Associates, P.C., for plaintiff.

Stiene & Associates, P.C. (Charles Stiene of counsel), for defendants.

OPINION OF THE COURT

AUGUSTUS C. AGATE, J.

This is an action by plaintiff to foreclose on a mortgage on real property located at 91-10 98th Street, in Woodhaven, Queens. Plaintiff is the holder of the subject mortgage and note through an assignment. Plaintiff contends that defendants Marcos Guzman and Nilda Guzman defaulted in making payments on the subject mortgage beginning on October 1, 2008. Defendants now seek to dismiss the complaint on various grounds...

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