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CITIMORTGAGE, INC. v. MALEK

2019-02620. Index No. 13692/15.

202 A.D.3d 1038 (2022)

163 N.Y.S.3d 241

2022 NY Slip Op 01137

Citimortgage, Inc., Respondent, v. Diana Malek, Appellant, et al., Defendants.

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

Decided February 23, 2022.

Attorney(s) appearing for the Case

Wolf & Associates, PLLC, Brooklyn, NY (Martin Wolf of counsel), for appellant.

Akerman LLP, New York, NY (Ashley S. Miller and Jordan Smith of counsel), for respondent.

Dillon, J.P., Barros, Wooten and Zayas, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

In July 2007, the defendant Diana Malek (hereinafter the defendant) borrowed the sum of $633,750 from ABN Amro Mortgage Group, Inc. (hereinafter ABN Amro). The loan was memorialized by a note and secured by a mortgage given to ABN Amro, encumbering certain real property in Brooklyn.

The defendant allegedly defaulted on the loan by failing to make the payment of principal and interest...

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