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FAITH ASSEMBLY v. TITLEDGE OF N.Y. ABSTRACT, LLC

2011-04345.

106 A.D.3d 47 (2013)

961 N.Y.S.2d 542

2013 NY Slip Op 2046

FAITH ASSEMBLY, Also Known as FAITH ASSEMBLY CHURCH, Respondent, v. TITLEDGE OF NEW YORK ABSTRACT, LLC, et al., Defendants, and STEWART TITLE INSURANCE COMPANY, Appellant.

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

Decided March 27, 2013.

Attorney(s) appearing for the Case

DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains ( Daniel G. Walsh of counsel), for appellant.

Lasky & Steinberg, P.C., Garden City ( Scott L. Steinberg of counsel), for respondent.

ANGIOLILLO, J.P., AUSTIN and COHEN, JJ., concur.

OPINION OF THE COURT

DICKERSON, J.

Introduction

The plaintiff religious corporation operates the Faith Assembly Church in Richmond Hill, Queens. In June 2006, the plaintiff borrowed $2.2 million from CMAC, LP, in part to perform renovations to the church and open a day care center. The loan was secured by a mortgage on the church premises. At closing on June 27, 2006, the plaintiff and CMAC, LP executed...

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