TRILOGY REALTY, LLC v. RODRIGUEZ

2014-07650, Index No. 28316/09.

145 A.D.3d 702 (2016)

2016 NY Slip Op 08221

41 N.Y.S.3d 907

TRILOGY REALTY, LLC, as Assignee of S.K. Mortgage Holdings Limited Partnership, Respondent, v. FLORA E. RODRIGUEZ, Appellant, et al., Defendants. PEBBLY REALTY, LLC, Nonparty Respondent.

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

Decided December 7, 2016.


Ordered that the order is affirmed, with costs.

The defendant Flora E. Rodriguez executed a note which was secured by a mortgage on a parcel of real property in Queens. After she defaulted on her payment obligations under the note, this action was commenced to foreclose the mortgage. Rodriguez answered the complaint without raising any affirmative defenses. Subsequently, a judgment of foreclosure and sale was entered and a foreclosure sale was held, at which the subject...

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