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MLB SUB I, LLC v. MATHEW

2019-05786, 2019-05787. Index No. 505725/15.

202 A.D.3d 1078 (2022)

159 N.Y.S.3d 867

2022 NY Slip Op 01156

MLB SUB I, LLC, Respondent, v. Elizabeth Mathew, 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

Young Law Group, PLLC, Bohemia, NY (Justin F. Pane of counsel), for appellant.

Knuckles Komosinski & Manfro, LLP, Elmsford, NY (Adam Wynn and Louis Levithan of counsel), for respondent.

Chambers, J.P., Roman, Genovesi and Dowling, JJ., concur.

Ordered that the orders dated February 13, 2019, are affirmed insofar as appealed from, with one bill of costs.

The plaintiff commenced this action, inter alia, to foreclose a mortgage on real property owned by the defendant Elizabeth Mathew (hereinafter the defendant). In her answer, the defendant raised several affirmative defenses, including failure to comply with RPAPL 1304 and with the notice of default provision in paragraph 22 of the mortgage. Subsequently...

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