DEUTSCHE BANK NATL. TRUST CO. v. CUNNINGHAM

2014-11802, Index No. 15126/10.

142 A.D.3d 634 (2016)

36 N.Y.S.3d 726

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee of the INDYMAC IMJA MORTGAGE TRUST 2007-A4, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2007-A4 UNDER THE POOLING AND SERVICING AGREEMENT DATED DECEMBER 1, 2007, Respondent, v. ANN MARIE CUNNINGHAM, Appellant, et al., Defendants.

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

Decided August 24, 2016.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Ann Marie Cunningham and to appoint a referee to compute the amount due to the plaintiff, and to strike that defendant's affirmative defenses of lack of standing and failure to comply with the provisions of RPAPL 1304 are denied.

The defendant homeowner...

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