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EMIGRANT BANK v. MARANDO

2014-04254, Index No. 15296/11.

143 A.D.3d 856 (2016)

2016 NY Slip Op 06801

39 N.Y.S.3d 83

EMIGRANT BANK, Formerly Known as EMIGRANT SAVINGS BANK and Another, Respondent, v. ANTHONY F. MARANDO et al., Appellants, et al., Defendants.

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

Decided October 19, 2016.

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

The plaintiff commenced this action to foreclose a mortgage against, among others, the defendants Anthony F. Marando and Lucia Marando (hereinafter together the defendants) after they failed to make payments pursuant to a 2006 consolidated note and mortgage in the principal sum of $570,000 (hereinafter the note and mortgage). The note and mortgage had been assigned to the plaintiff in 2011, one...

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