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DARBY GROUP COS, INC. v. WULFORST ACQUISITION, LLC

2013-10128

130 A.D.3d 866 (2015)

14 N.Y.S.3d 143

2015 NY Slip Op 06210

DARBY GROUP COMPANIES, INC., Plaintiff, v. WULFORST ACQUISITION, LLC, et al., Appellants, and PEOPLE'S UNITED BANK, as Successor by Merger to the BANK OF SMITHTOWN, Respondent, et al., Defendants.

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

Decided July 22, 2015.

Ordered that the order is affirmed insofar as appealed from, with costs.

In January 2013, the plaintiff commenced this action to foreclose a consolidated mortgage securing certain real property in Baiting Hollow (hereinafter the subject property). The underlying note was executed by the defendants Neil Rego and George Heinlein. The defendant Wulforst Acquisition, LLC, of which Rego and Heinlein are members, is the record owner of the subject property. The defendant...

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