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MATTER OF 256 BERGEN HOUS. CORP. v. 256 BERGEN ASSOCS.

225 A.D.2d 785 (1996)

639 N.Y.S.2d 951

In the Matter of 256 Bergen Housing Corp., Respondent, v. 256 Bergen Associates et al., Respondents, and D & F Capital Co., Appellant

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

March 25, 1996

Ordered that the appeal is dismissed, with cost.

The proceeding to cancel and discharge a wraparound mortgage held by D & F Capital Co. (hereinafter D & F) was resolved by order of Supreme Court, Kings County, dated August 25, 1992, which granted the requested relief to the petitioner. In making the subject motion, D & F was, in actuality, seeking reargument of its opposition to the prior application to cancel the subject mortgage because its motion was...

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