COMMUNITY PRESERV. CORP. v. NORTHERN BLVD. PROP., LLC

2014-10442, Index No. 704265/13.

139 A.D.3d 889 (2016)

31 N.Y.S.3d 584

2016 NY Slip Op 03844

COMMUNITY PRESERVATION CORPORATION, Plaintiff, v. NORTHERN BLVD. PROPERTY, LLC, et al., Defendants, and YOURIK ATAKHANIAN, Appellant. ANTHONY J. RATTOBALLI, Nonparty Respondent.

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

Decided May 18, 2016.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the receiver, Anthony J. Rattoballi, to hold the appellant in civil contempt is denied.

The defendant Northern Blvd. Property, LLC, and the appellant purchased property in Corona, Queens, and sought to construct a mixed-use building on it. They defaulted on various mortgages and the plaintiff lender commenced this action to foreclose the mortgages. During the pendency...

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