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J.P. MORGAN MORTGAGE ACQUISITION CORP. v. GONZALEZ

2018-13938. Index No. 705097/17.

205 A.D.3d 695 (2022)

165 N.Y.S.3d 729

2022 NY Slip Op 02985

J.P. Morgan Mortgage Acquisition Corp., Respondent, v. Jorge E. Gonzalez et al., Appellants, et al., Defendants.

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

Decided May 4, 2022.

Attorney(s) appearing for the Case

Silberzweig & Sznitken, Brooklyn, NY (David Silberzweig and Benjamin N. Fink of counsel), for appellants.

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

Barros, J.P., Rivera, Chambers and Wooten, JJ., concur.

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

On January 8, 2007, the defendant Jorge E. Gonzalez executed a note in the sum of $637,500 in favor of nonparty Fairmont Funding Ltd. (hereinafter Fairmont), which was secured by a mortgage on certain real property in Queens. The mortgage was executed by Jorge E. Gonzalez and the defendant Maria Zapata (hereinafter together the defendants). On October 26, 2009, nonparty J.P. Morgan Chase Bank...

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