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NYCTL 1996-1 v. HARVAL DEVELOPMENT CORPORATION.

19 A.D.3d 236 (2005)

796 N.Y.S.2d 914

NYCTL 1996-1 et al., Plaintiffs, v. HARVAL DEVELOPMENT CORPORATION, Respondent, and BLAKE L. REALTY (FIRST SERVICES GROUP, INC., as Assignee), Appellant, et al., Defendants.

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

June 21, 2005.

Defendant Blake's claim was untimely (CPLR 213 [4]; Greenpoint Sav. Bank v Kijik, 297 A.D.2d 359 [2002]; see also Island Holding v O'Brien, 6 A.D.3d 498 [2004], lv denied 4 N.Y.3d 701 [2004]). Its attempt to distinguish Kijik is not supported by the record. The failure to notice the foreclosure plaintiffs, as required under RPAPL 1361, was...

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