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DEUTSCHE BANK NATL. TRUST CO. v. JAMES

2015-12242. Index No. 36495/07.

164 A.D.3d 467 (2018)

81 N.Y.S.3d 532

2018 NY Slip Op 05572

Deutsche Bank National Trust Company, as Trustee of AmeriQuest Mortgage Securities, Inc., Asset Backed Pass through Certificates, Series 2005-R10 under the Pooling and Servicing Agreement Dated as of November 1, 2005, without Recourse, Respondent, v. Francis James, Appellant, et al., Defendants.

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

Decided August 1, 2018.

Ordered that the order and judgment of foreclosure and sale is affirmed insofar as appealed from, with costs.

In 2007, the plaintiff commenced this action to foreclose a mortgage against the defendant Francis James (hereinafter the defendant), among others. In an order dated June 21, 2010, the Supreme Court granted the plaintiff's motion, inter alia, for summary judgment on the complaint, to strike the defendant's answer, and for an order of reference. Subsequently...

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