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PAPA v. 24 CARYL AVENUE REALTY CO.

23 A.D.3d 361 (2005)

804 N.Y.S.2d 112

FLORIN C. PAPA, Also Known as FLORIN C. POPESCU, Plaintiff, v. 24 CARYL AVENUE REALTY CO. et al., Defendants. COMMUNITY PRESERVATION CORPORATION, Intervenor Third-Party Plaintiff-Respondent; CHARLES RUDD MACKENZIE, Third-Party Defendant-Appellant.

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

November 7, 2005.

The Supreme Court correctly granted the motion of Community Preservation Corporation (hereinafter CPC) for summary judgment dismissing the third-party counterclaims of Charles Rudd Mackenzie and for summary judgment on CPC's third-party claim for damages pursuant to Judiciary Law § 487 (1) on the basis of attorney misconduct. The documentary evidence in support of CPC's motion established that Mackenzie, the plaintiff's attorney, commenced the action to foreclose a mortgage...

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