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ISLAND HOLDING, LLC v. O'BRIEN

6 A.D.3d 498 (2004)

775 N.Y.S.2d 72

ISLAND HOLDING, LLC, Plaintiff, v. DENIS J. O'BRIEN, Also Known as DENIS O'BRIEN, et al., Respondents, NICHOLAS VALNER et al., Appellants, et al., Defendants.

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

April 12, 2004.

Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The instant action was commenced by the plaintiff in 1999 to foreclose a first mortgage recorded December 4, 1989. On July 27, 2000, the property was sold at a foreclosure sale and the first mortgage was satisfied.

The foreclosure sale generated a surplus of $1,377,948.03. The instant...

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