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DEUTSCHE BANK NATL. TRUST CO. v. FERNANDEZ

2021-00103. Index No. 22490/09.

208 A.D.3d 1151 (2022)

175 N.Y.S.3d 76

2022 NY Slip Op 05150

Deutsche Bank National Trust Company, Respondent, v. Fanny E. Fernandez et al., Appellants, et al., Defendants.

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

Decided September 14, 2022.

Attorney(s) appearing for the Case

Christopher Thompson, West Islip, NY, for appellants.

Robertson, Anschutz, Schneid, Crane & Partners, PLLC, Westbury, NY (Joseph F. Battista and Ryan D. Mitola of counsel), for respondent.

Iannacci, J.P., Roman, Wooten and Zayas, JJ., concur.

Ordered that the order entered February 25, 2020, is affirmed insofar as appealed from, with costs.

The defendants Fanny E. Fernandez and Felipe A. Fernandez (hereinafter together the defendants) are the record owners of residential property located in Floral Park. Fanny executed, in favor of the plaintiff's predecessor in interest, a note secured by a mortgage on the property. In November 2009, the plaintiff commenced this action, inter alia, to foreclose the mortgage...

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