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RBS CITIZENS, N.A. v. GALPERIN

2015-01341, Index No. 472/09.

135 A.D.3d 735 (2016)

23 N.Y.S.3d 307

2016 NY Slip Op 00173

RBS CITIZENS, N.A., Formerly Known as CITIZENS BANK, N.A., Successor by Merger to CHARTER ONE BANK, N.A., Formerly Known as CHARTER ONE BANK, FSB, Successor by Merger to ALBANK, FSB, Formerly Known as ALBANY SAVINGS BANK, FSB, Respondent, v. JEFFREY GALPERIN et al., Appellants, et al., Defendants.

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

Decided January 13, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs.

In January 2009, the plaintiff commenced this action to foreclose a mortgage on real property located in Rye and owned by the defendants Jeffrey Galperin and Sallie Galperin (hereinafter together the appellants). Although a judgment of foreclosure and sale was entered in January 2011, followed in May 2011 by an amended judgment of foreclosure and sale, the Supreme Court, in an order dated January...

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