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MILONE v. US BANK N.A.

2016-02068. Index No. 100268/15.

164 A.D.3d 145 (2018)

83 N.Y.S.3d 524

2018 NY Slip Op 05760

DIANE MILONE, Appellant, v. US BANK NATIONAL ASSOCIATION, Respondent.

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

Decided August 15, 2018.

Attorney(s) appearing for the Case

DeSocio & Fuccio, PC, Oyster Bay (James B. Fuccio of counsel), for appellant.

Reed Smith LLP, New York City (Diane A. Bettino and Siobhan A. Nolan of counsel), for respondent.

CHAMBERS, SGROI and CONNOLLY, JJ., concur.

OPINION OF THE COURT

The instant appeal provides us with an occasion to address the timeliness and required proofs for the valid de-acceleration of note obligations underlying residential mortgage foreclosure actions.

I. Facts

On September 20, 2004, the plaintiff purchased residential real estate...

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