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CAPITAL ONE, N.A. v. TRUBITSKY

2019-02925, Index No. 518347/16.

206 A.D.3d 608 (2022)

170 N.Y.S.3d 142

2022 NY Slip Op 03492

Capital One, N.A., Respondent, v. Denis Trubitsky et al., Appellants, et al., Defendants.

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

Decided June 1, 2022.

Attorney(s) appearing for the Case

Tsyngauz & Associates, P.C., New York, NY (Ryan Banich of counsel), for appellants.

Woods Oviatt Gilman, LLP, Rochester, NY (Michael Jablonski of counsel), for respondent.

Connolly, J.P., Roman, Christopher and Ford, JJ., concur.

Ordered that the order is affirmed, with costs.

On March 20, 1998, the defendant Denis Trubitsky (hereinafter Denis) obtained a loan from nonparty GFI Mortgage Bankers, Inc., in the amount of $324,000, secured by a mortgage encumbering property in Brooklyn. On April 24, 2001, Denis obtained a second mortgage loan in the amount of $12,804 from nonparty Greenpoint Mortgage Funding, Inc. (hereinafter Greenpoint), and executed a Consolidation, Extension, and Modification...

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