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DEUTSCHE BANK NATIONAL TRUST COMPANY v. FADEN

2018-03324, Index No. 17328/08.

172 A.D.3d 817 (2019)

97 N.Y.S.3d 882

2019 NY Slip Op 03568

Deutsche Bank National Trust Company, Appellant, v. Stuart Allin Faden, Respondent, et al., Defendants.

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

Decided May 8, 2019.

Ordered that the appeal is dismissed, without costs or disbursements, and the order dated November 30, 2017, is vacated.

In June 2008, the plaintiff commenced this action to foreclose a mortgage against, among others, H. David Faden (hereinafter the decedent), who was the sole borrower, seeking a judicial sale of the property and a deficiency judgment against the decedent. In November 2008, after learning that the decedent...

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