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LUBONTY v. U.S. BANK NATIONAL ASSOCIATION

2015-10458 Index No. 21853/14.

159 A.D.3d 962 (2018)

74 N.Y.S.3d 279

2018 NY Slip Op 02153

GREGG LUBONTY, Appellant, v. U.S. BANK NATIONAL ASSOCIATION, Respondent.

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

Decided March 28, 2018.

Ordered that the order is affirmed, with costs.

In 2005, the plaintiff obtained a loan from American Home Mortgage Acceptance, Inc. (hereinafter AHMA), which was secured by a mortgage on his real property in Southampton, Suffolk County. The plaintiff defaulted on his mortgage payments, and on June 11, 2007, AHMA commenced an action to foreclose the mortgage. AHMA's action was subsequently dismissed as abandoned pursuant to CPLR 3215 (c). In May 2011, the mortgage...

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