LibertyPOINTE BANK v. 7 WATERFRONT PROPERTY, LLC

2011-04381.

94 A.D.3d 1061 (2012)

942 N.Y.S.2d 610

2012 NY Slip Op 3148

LibertyPOINTE BANK, Appellant, v. 7 WATERFRONT PROPERTY, LLC, et al., Defendants, and YEHUDA LEIB PURETZ et al., Respondents.

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

Decided April 24, 2012.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, those branches of the plaintiff's motion which were for summary judgment on the issue of liability on the complaint insofar as asserted against the defendants Yehuda Leib Puretz and Bridgeport Towers, LLC, and to strike the affirmative defenses of those defendants are granted, and that branch of the cross motion of those defendants which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint...

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