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U.S. BANK NATIONAL ASSOCIATION v. AUGUSTE

2017-02305, 2017-02306, Index No. 506979/14.

173 A.D.3d 930 (2019)

103 N.Y.S.3d 481

2019 NY Slip Op 04747

U.S. Bank National Association, as Trustee, on Behalf of the Holders of CSMC Mortgage-Backed Pass-Through Certificates, Series 2007-1, Respondent, v. Marie Auguste, Appellant, et al., Defendants.

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

Decided June 12, 2019.

Ordered that the orders are affirmed, with one bill of costs.

The defendant Marie Auguste borrowed the sum of $640,000 from nonparty First United Mortgage Banking Corp. (hereinafter First United) on September 14, 2006, secured by a mortgage on property in Brooklyn.

The plaintiff previously commenced an action to foreclose the mortgage on May 24, 2007. By order dated November 27, 2007, the Supreme Court directed dismissal of that action on the ground that the...

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