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US BANK NATIONAL ASSOCIATION v. BATISTA

2017-13039. Index No. 11176/07.

178 A.D.3d 878 (2019)

111 N.Y.S.3d 865

2019 NY Slip Op 08889

US Bank National Association, Respondent, v. Carlos Batista, Appellant, et al., Defendants.

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

Decided December 11, 2019.

Attorney(s) appearing for the Case

Berg & David, PLLC, Brooklyn, NY (Abraham David and Megha Patel Kotecha of counsel), for appellant.

Hogan Lovells US LLP, New York, NY (Leah Edmunds, Allison J. Schoenthal, and Christian Fletcher of counsel), for respondent.

Scheinkman, P.J., Miller, Maltese and LaSalle, JJ., concur.

Ordered that the order is affirmed, with costs.

In March 2006, the defendant Carlos Batista (hereinafter the defendant) and another person borrowed the sum of $629,000 from BNC Mortgage, Inc. (hereinafter BNC). The loan was memorialized in a note and secured by a mortgage encumbering certain real property in Brooklyn. In April 2007, the plaintiff commenced this action against, among others, the defendant to foreclose the mortgage. The defendant was served by substitute...

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