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Bank of N.Y. Mellon v. Dougherty

Defendant Fails to Establish Bank Did Not Mail RPAPL §1306 Notices, Denied Dismissal

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1  Upon the following papers numbered 1 to 20 read on this application for an order granting summary judgment and dismissal of the complaint; Notice of Motion/Order to Show Cause and supporting papers 1-15; Notice of Cross Motion and supporting papers______; Answering Affidavits and supporting papers 16-20; Replying Affidavits and supporting papers; Other ; it is, ORDERED that this motion by defendant Cynthia Dougherty for summary judgment is denied; and it is furtherORDERED that the limited issue trial of this action is scheduled for Friday, February 23, 2018 at 2:00 PM.This is an action to foreclose a mortgage on premises known as 31 13th Street, Bohemia, Suffolk County, New York (“the property”). Plaintiff the Bank of New York Mellon fka the Bank of New York as Trustee for the Certificateholders CWABS, Inc. Asset-backed Certificates, Series 2005-14 (“plaintiff”) commenced this action by filing a summons, complaint and notice of pendency with the Suffolk County Clerk on August 2, 2011.

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