JP MORGAN CHASE BANK, NATIONAL ASSOCIATION v. BUTLER

2013-07136

129 A.D.3d 777 (2015)

12 N.Y.S.3d 145

2015 NY Slip Op 04812

JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, Appellant, v. FREDERICK W. BUTLER, Respondent, et al., Defendants.

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

Decided June 10, 2015.


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, Kings County (Schack, J.), entered July 10, 2013, as (a) granted those branches of the motion of the defendant Frederick D. Butler which were (i) pursuant to CPLR 2606 for the payment out of court of the sum of $490,000, held on deposit by the Kings County Clerk, to the extent of directing a payment to him in the sum of $55,617.11, and (ii)...

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