CITIMORTGAGE, INC., AS SUCCESSOR BY MERGER WITH PRINCIPAL RESIDENTIAL MORTGAGE, INC., res, v. SYLVAIN CHOUEN, APPELLANT def

CITIMORTGAGE, INC., AS SUCCESSOR BY MERGER WITH PRINCIPAL RESIDENTIAL MORTGAGE, INC., res, v. SYLVAIN CHOUEN, APPELLANT def — (INDEX NO. 11258/13)In an action, inter alia, pursuant to RPAPL article 15 to quiet title to real property, the defendant Sylvain Chouen appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Asher, J.), dated December 4, 2014, as denied that branch of his motion which was pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against him, and granted that branch of the plaintiff's cross motion which was for summary judgment declaring that the plaintiff is equitably subrogated to the first mortgage lien of Mortgage Electronic Registration Systems, Inc., as nominee for Homeside Lending, recorded against the subject property in August 1993, in the sum of $152,616.52 as of November 11, 2002.

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CITIMORTGAGE, INC., AS SUCCESSOR BY MERGER WITH PRINCIPAL RESIDENTIAL MORTGAGE, INC., res, v. SYLVAIN CHOUEN, APPELLANT def — (INDEX NO. 11258/13)In an action, inter alia, pursuant to RPAPL article 15 to quiet title to real property, the defendant Sylvain Chouen appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Asher, J.), dated December 4, 2014, as denied that branch of his motion which was pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against him, and granted that branch of the plaintiff’s cross motion which was for summary judgment declaring that the plaintiff is equitably subrogated to the first mortgage lien of Mortgage Electronic Registration Systems, Inc., as nominee for Homeside Lending, recorded against the subject property in August 1993, in the sum of $152,616.52 as of November 11, 2002.

ORDERED that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment declaring that the plaintiff is equitably subrogated to the first mortgage lien of Mortgage Electronic Registration Systems, Inc., as nominee for Homeside Lending, recorded against the subject property in August 1993, in the sum of $152,616.52 as of November 11, 2002.

CITIMORTGAGE, INC., AS SUCCESSOR BY MERGER WITH PRINCIPAL RESIDENTIAL MORTGAGE, INC., res, v. SYLVAIN CHOUEN, APPELLANT def

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