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HSBC BANK USA, N.A. v. CRUZ

2018-12206. Index No. 2624/13.

202 A.D.3d 943 (2022)

162 N.Y.S.3d 473

2022 NY Slip Op 01014

HSBC Bank USA, National Association, Respondent, v. Jorge A. Cruz et al., Defendants, and 342 58 Street RE, LLC, Appellant.

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

Decided February 16, 2022.

Attorney(s) appearing for the Case

Goldberg Weg & Markus, PLLC, New York, NY (Efrem Schwalb of counsel), for appellant.

Gross Polowy LLC (Reed Smith LLP, New York, NY [Brenda Beauchamp Ward], of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Ford and Dowling, JJ., concur.

Ordered that the order and judgment of foreclosure and sale is affirmed insofar as appealed from, with costs.

In November 2005, the defendant Jorge A. Cruz executed a note in favor of nonparty Freemont Investment & Loan (hereinafter Freemont), in the sum of $480,000, which was secured by a mortgage on real property located in Brooklyn (hereinafter the subject premises). Cruz defaulted on the loan by failing to make the monthly payments due on January 1, 2008,...

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