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BANK OF N.Y. MELLON v. GRAFFI

2017-07882, Index No. 704482/14.

172 A.D.3d 1148 (2019)

102 N.Y.S.3d 61

2019 NY Slip Op 03942

Bank of New York Mellon, Formerly Known as the Bank of New York, as Trustee for the Certificateholders of the CWALT, Inc., Alternative Loan Trust 2005-J11 Mortgage Pass-Through Certificates, Series 2005-J11, Appellant, v. Gitit Graffi et al., Defendants, and Stewart Title Insurance Company, Respondent.

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

Decided May 22, 2019.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action to foreclose a mortgage given by the defendant Gitit Graffi as security for a note in the sum of $372,000. Following the issuance of an order of reference, the referee issued a report finding that the plaintiff was due the amount of $741,491.83, inclusive of a principal balance of $365,794.39. The plaintiff moved...

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