TD BANK, N.A. v. TALIA PROPERTIES, INC.

2012-04759, Index No. 28789/06.

110 A.D.3d 1057 (2013)

973 N.Y.S.2d 789

2013 NY Slip Op 7026

TD BANK, N.A., Successor by Merger to COMMERCE BANK, N.A., Appellant, v. TALIA PROPERTIES, INC., et al., Defendants, and KEITH LEONARD, Respondent.

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

Decided October 30, 2013.


In an action to foreclose a mortgage, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Cohalan, J.), dated April 23, 2012, as denied that branch of its motion which was for leave to enter a deficiency judgment pursuant to RPAPL 1371 against the defendant Keith Leonard.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiff's motion which was for...

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