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D & L HOLDINGS v. GOLDMAN CO.

287 A.D.2d 65 (2001)

734 N.Y.S.2d 25

D & L HOLDINGS, LLC, Respondent, v. RCG GOLDMAN COMPANY, LLC, Appellant.

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

December 6, 2001.

Attorney(s) appearing for the Case

Herbert Rubin of counsel, New York City (Kevin Vernick, Charles Crum and Linda M. Brown on the brief; Herzfeld & Rubin, P. C., attorneys), for respondent.

Kevin L. Smith of counsel, New York City (Adam S. Grace on the brief; Stroock & Stroock & Lavan, L. L. P., attorneys), for appellant.

SULLIVAN, P. J., NARDELLI, TOM and FRIEDMAN, JJ., concur.

OPINION OF THE COURT

SAXE, J.

Plaintiff D & L Holdings, LLC (D&L), in an ongoing attempt to gain possession of a property located at 34-36 West 32nd Street, despite its inability to pay for it, has brought this action seeking a declaration that the transaction between the parties was actually a mortgage, in order to entitle plaintiff to claim a right of equitable redemption of the property. Upon review of the submissions we conclude that defendant...

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