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MOXEY v. PAYNE

2015-11417. Index No. 5761/15.

167 A.D.3d 594 (2018)

89 N.Y.S.3d 251

2018 NY Slip Op 08291

Kenneth Moxey, Appellant, v. Jennifer G. Payne et al., Respondents.

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

Decided December 5, 2018.

Ordered that the order is affirmed, with costs.

On September 30, 2008, the plaintiff executed a note in favor of Wachovia Mortgage, FSB (hereinafter Wachovia), which was secured by a mortgage on property he owned in Rosedale. Effective November 1, 2009, Wachovia converted to Wells Fargo Bank Southwest, National Association, and merged into the defendant Wells Fargo Bank, N.A. (hereinafter Wells Fargo). On July 20, 2010, an assignment of the mortgage and note to Wells...

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