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U.S. BANK NATL. ASSN. v. HABER

2017-00482, Index No. 4487/07.

170 A.D.3d 775 (2019)

93 N.Y.S.3d 578

2019 NY Slip Op 01636

U.S. Bank National Association, Respondent, v. Michael Haber et al., Appellants, et al., Defendant.

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

Decided March 6, 2019.

Ordered that the order is reversed, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment on the complaint and for an order of reference are denied.

On June 8, 2005, the defendants Michael Haber and Laura Haber (hereinafter together the defendants) executed a note in the amount of $413,250 in favor of WMC Mortgage Corp. (hereinafter WMC Mortgage), secured by a mortgage on residential property located in Levittown. On...

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