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COMPTROLLER OF STATE OF NEW YORK v. LEVEL ACRES LLC

1314 CA 15-00177.

134 A.D.3d 1528 (2015)

21 N.Y.S.3d 908

2015 NY Slip Op 09733

COMPTROLLER OF STATE OF NEW YORK, as Trustee for the NEW YORK STATE COMMON RETIREMENT FUND, Appellant, v. LEVEL ACRES LLC, Respondent, et al., Defendants. (Appeal No. 1.)

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

Decided December 31, 2015.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, and the motion is granted.

Memorandum: Plaintiff commenced this foreclosure action after Level Acres LLC (defendant) defaulted on a consolidated note and mortgage (note and mortgage). In appeal No. 1, plaintiff contends that Supreme Court erred in determining that the assignment of the note and mortgage to plaintiff was invalid, and therefore erred in denying his...

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