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ITZKOWITZ v. JPMORGAN CHASE BANK, N.A.

2017-08828, Index No. 32047/16.

175 A.D.3d 1508 (2019)

109 N.Y.S.3d 379

2019 NY Slip Op 06758

Hershey Itzkowitz, Appellant, v. JPMorgan Chase Bank, N.A., Defendant, and State Street Bank and Trust Company et al., Respondents.

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

Decided September 25, 2019.

Attorney(s) appearing for the Case

Phillip J. Murphy, New City, NY, for appellant.

Fein, Such, Kahn & Shepard, P.C., Westbury, NY (Gregg P. Tabakin and Andrew M. Grenell of counsel), for respondents.

Rivera, J.P., LaSalle, Barros and Iannacci, JJ., concur.

Ordered that the order is affirmed, with costs.

The instant action, as well as a prior action to foreclose a mortgage (hereinafter the foreclosure action), both involve a note secured by a mortgage on certain property located in Monsey. In the context of the foreclosure action, a judgment of foreclosure and sale dated April 3, 2002 (hereinafter the judgment), was entered in favor of nonparty Washington Mutual Bank, F.A. (hereinafter Washington Mutual), and against...

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