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ONEWEST BANK, N.A. v. FMCDH REALTY, INC.

2016-00039. Index No. 8050/14.

165 A.D.3d 128 (2018)

83 N.Y.S.3d 612

2018 NY Slip Op 06101

ONEWEST BANK, N.A., Formerly Known as ONEWEST BANK, FSB, Respondent, v. FMCDH REALTY, INC., Appellant, et al., Defendants.

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

Decided September 19, 2018.

Attorney(s) appearing for the Case

Miller, Rosado & Algios, LLP, Garden City (Christopher Rosado and Neil A. Miller of counsel), and David Bolton, P.C., Garden City, for appellant (one brief filed).

Hogan Lovells US LLP, New York City (Allison J. Schoenthal, Chava Brandriss and Heather R. Gushue of counsel), for respondent.

MASTRO, J.P., LASALLE and BRATHWAITE NELSON, JJ., concur.

OPINION OF THE COURT

The primary issue presented on this appeal is whether a bank can establish its standing to foreclose on a reverse mortgage securing the repayment of a home equity line of credit by demonstrating that it was in possession of the original line of credit agreement...

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