WEISS v. HALPERIN

2014-10766, Index No. 8476/13.

149 A.D.3d 1143 (2017)

2017 NY Slip Op 03219

53 N.Y.S.3d 176

LINDA FELDMAN WEISS, Appellant, v. KYLE MALLARY HALPERIN, Respondent, et al., Defendants.

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

Decided April 26, 2017.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was pursuant to CPLR 3211 (a) to dismiss the counterclaims of the defendant Kyle Mallary Halperin is granted.

In July 2008, the plaintiff loaned the sum of $600,000 to the defendant Kyle Mallary Halperin. The loan was evidenced by a note and mortgage secured by a parcel of real property located within the Village of Great Neck. In July...

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