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REAL SPEC VENTURES, LLC v. ESTATE OF DEANS

2010-05636.

87 A.D.3d 1000 (2011)

929 N.Y.S.2d 615

2011 NY Slip Op 6482

REAL SPEC VENTURES, LLC, Respondent-Appellant, v. ESTATE OF LIVINGSTON MANDEL DEANS, Deceased, et al., Defendants, SJARON R. DEANS, Also Known as SHARON R. STEPHENSON, Respondent, and PHILIP ORNER et al., as Coadministrators De Bonis Non of the Estate of LIVINGSTON MANDEL DEANS, Deceased, Appellants-Respondents.

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

Decided September 13, 2011.

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the order is reversed insofar as cross-appealed from, on the law, that branch of the plaintiff's cross motion which was for summary judgment declaring, in effect, that the mortgage secured by the subject real property is valid and enforceable against the one-third interest rightfully held by the defendant Sharon R. Deans, also known as Sharon R. Stephenson, as of May 23, 2008...

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