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BANK OF N.Y. MELLON v. VYTALINGAM

2014-06155, Index No. 7181/12.

144 A.D.3d 1070 (2016)

2016 NY Slip Op 08035

42 N.Y.S.3d 274

BANK OF NEW YORK MELLON, as Indenture Trustee for AMERICAN HOME MORTGAGE INVESTMENT TRUST 2004-4, Appellant, v. SAKADAWEN VYTALINGAM et al., Defendants.

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

Decided November 30, 2016.

Ordered that the order is reversed, on the law, without costs or disbursements, and the plaintiff's motion for summary judgment dismissing the affirmative defenses and counterclaim of the defendants Sakadawen Vytalingam and Jaishree Monedatt is granted.

In this action to foreclosure a mortgage, the plaintiff moved for summary judgment dismissing the affirmative defenses and counterclaim of the defendants Sakadawen Vytalingam and Jaishree Monedatt (hereinafter together...

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