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MLB SUB I, LLC v. BAINS

2015-05893, Index No. 503861/14.

148 A.D.3d 881 (2017)

2017 NY Slip Op 01848

50 N.Y.S.3d 410

MLB SUB I, LLC, Appellant, v. GWEN BAINS, Respondent, et al., Defendants.

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

Decided March 15, 2017.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Gwen Bains pursuant to CPLR 3211 (a) (1) and (3) to dismiss the complaint insofar as asserted against her for lack of standing is denied.

In this action to foreclose a mortgage, the defendant Gwen Bains (hereinafter the defendant) filed a pre-answer motion pursuant to CPLR 3211 (a) (1) and (3) to dismiss the complaint insofar as asserted against her on the ground that the plaintiff...

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