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BANK OF N.Y. MELLON v. SMITH

2016-09447, 2016-09451. Index No. 56393/14.

176 A.D.3d 83 (2019)

108 N.Y.S.3d 193

2019 NY Slip Op 06228

BANK OF NEW YORK MELLON, Formerly Known as THE BANK OF NEW YORK, as Trustee for the Certificate Holders of CWMBS, INC., CHL MORTGAGE PASS-THROUGH TRUST 2007-10, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-10, Respondent, v. DEREK SMITH, Appellant, et al., Defendants.

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

August 13, 2019.

DECISION OF THE COURT

With summons and complaint dated March 14, 2013, Bank of New York Mellon (hereinafter New York Mellon) commenced an action against, among others, Derek Smith to foreclose a mortgage securing certain real property (hereinafter the 2013 action). While the 2013 action...

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