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BANK OF NEW YORK MELLON v. MURIQI

2019-14663. Index No. 501278/19.

205 A.D.3d 667 (2022)

165 N.Y.S.3d 713

2022 NY Slip Op 02972

Bank of New York Mellon, Appellant, v. Emrije Muriqi, Respondent, et al., Defendants.

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

Decided May 4, 2022.

Attorney(s) appearing for the Case

Leopold & Associates, PLLC, Armonk, NY (Stephanie Rojas and Patricia M. Lattanzio of counsel), for appellant.

Michael G. Santangelo, White Plains, NY, for respondent.

Dillon, J.P., Connolly, Brathwaite Nelson and Genovesi, JJ., concur.

Ordered that the order is affirmed, with costs.

On August 10, 2005, the defendant Emrije Muriqi (hereinafter the defendant) executed a note in the sum of $200,000 in favor of America's Wholesale Lender. The note was secured by a mortgage on certain real property located in Lake Peekskill.

On October 2, 2009, the plaintiff, the successor in interest to America's Wholesale Lender, commenced an action to foreclose the mortgage against the defendant, among others...

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