PEOPLE'S UNITED BANK v. PATIO GARDENS III, LLC

2015-11382, 2015-11383, 2016-03909, Index No. 8058/12.

143 A.D.3d 689 (2016)

2016 NY Slip Op 06484

38 N.Y.S.3d 262

PEOPLE'S UNITED BANK, Respondent, v. PATIO GARDENS III, LLC, Appellant, et al., Defendants.

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

Decided October 5, 2016.


Ordered that the appeals from the orders are dismissed; and it is further,

Ordered that the judgment of foreclosure and sale is reversed insofar as appealed from, on the law and in the exercise of discretion, so much of the order dated July 14, 2015, as, without a hearing, granted that branch of the plaintiff's motion which was for an award of attorney's fees without apportioning the award between the two subject properties...

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