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MATTER OF BANCORP EQUIP. FIN., INC. v. RUBASHKIN

2011-02643, 2011-04732, 2011-05400.

98 A.D.3d 1057 (2012)

950 N.Y.S.2d 767

2012 NY Slip Op 6221

In the Matter of U.S. BANCORP EQUIPMENT FINANCE, INC., Respondent, v. ABRAHAM A. RUBASHKIN et al., Respondents.

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

September 19, 2012.

Ordered that the appeals from the order dated January 31, 2011, are dismissed; and it is further,

Ordered that the judgment is modified, on the law, by deleting the provisions thereof granting those branches of the petition which were to void the subject mortgage and for an award of an attorney's fee against Hilgar Limited pursuant to Debtor and Creditor Law § 276-a, voiding the subject mortgage, and adjudging that Hilgar Limited was jointly and severally liable...

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