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Federal Natl. Mtge. Assn. v. Tortora
Citation: 2020 NY Slip Op 05411Docket: 1300/19 CA 19-00064
Court: Appellate Division of the Supreme Court of the State of New York; October 2, 2020; New York; State Appellate Court
Original Court Document: View Document
Federal National Mortgage Association (Fannie Mae) appealed an amended order from the Supreme Court of Erie County, which granted summary judgment to Claude Tortora. The court ruled that the mortgage in question was unenforceable. The Appellate Division, Fourth Department, unanimously dismissed the appeal without costs, referencing the precedent set in Faison v. Luong. The decision was made on October 2, 2020, under the judgment of Justices Centra, Carni, Lindley, Curran, and Winslow. The case involved two actions: one where Fannie Mae was the plaintiff against Tortora, and another where Tortora, as executor of the estate of Jacqueline Squitieri, was the plaintiff against Fannie Mae. The dismissal of the appeal indicates agreement with the lower court’s findings regarding the mortgage's enforceability.