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RBE NORTHERN FUNDING, INC. v. STONE MOUNTAIN HOLDINGS, LLC

2009-08401.

78 A.D.3d 807 (2010)

911 N.Y.S.2d 115

RBE NORTHERN FUNDING, INC., Respondent, v. STONE MOUNTAIN HOLDINGS, LLC, et al., Defendants, and ELIYAHU SPITZER, Also Known as ELLIOTT SPITZER, et al., Appellants.

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

Decided November 9, 2010.

Ordered that the order is affirmed, with one bill of costs.

In 2008 the plaintiff commenced this action, asserting several causes of action based on the grounds that the defendants had made misrepresentations and committed fraud in the course of a $400,500 mortgage loan transaction which occurred one year earlier. Prior to answering the complaint, the defendants Abraham Kahan and Odyssey Funding, Inc. (hereinafter together Kahan/Odyssey), moved pursuant to CPLR 3211...

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