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BANK OF N.Y. MELLON v. MOON

526611.

167 A.D.3d 1212 (2018)

90 N.Y.S.3d 327

2018 NY Slip Op 08607

Bank of New York Mellon, Formerly Known as Bank of New York, as Trustee, Appellant, v. Christopher P. Moon et al., Defendants, and Kerri A. Kinney, Respondent.

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

Decided December 13, 2018.

In 2005, defendant Kerri A. Kinney (hereinafter defendant) and defendant Christopher P. Moon executed a note in favor of defendant Quicken Loans, Inc. that was secured by a mortgage on real property. The note and mortgage were subsequently assigned to plaintiff. In 2007, defendant and Moon executed an assumption agreement in which they...

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