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CONGREGATION BETH MEDROSH OF MONSEY, INC. v. ROLLING ACRES CHESTNUT RIDGE, LLC

2011-09209.

101 A.D.3d 797 (2012)

956 N.Y.S.2d 95

2012 NY Slip Op 8481

CONGREGATION BETH MEDROSH OF MONSEY, INC., Respondent, v. ROLLING ACRES CHESTNUT RIDGE, LLC, et al., Defendants, and EMPIRE STATE BANK, N.A., Appellant. (And a Third-Party Action.)

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

December 12, 2012.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the plaintiff's motion which was for summary judgment on so much of the amended complaint insofar as asserted against the defendant Empire State Bank, N.A., as, in effect, sought a declaration that the plaintiff's mortgage was entitled to priority over the previously recorded assigned...

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