WELLS FARGO BANK N.A. v. AREA PLUMBING SUPPLY, INC.

2015-06793. Index No. 30107/08.

150 A.D.3d 932 (2017)

56 N.Y.S.3d 111

2017 NY Slip Op 03798

WELLS FARGO BANK N.A., as Trustee for the REGISTERED HOLDERS OF CBA COMMERCIAL ASSETS, SMALL BALANCE COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES 2005-1, Appellant, v. AREA PLUMBING SUPPLY, INC., et al., Respondents, et al., Defendants.

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

Decided May 10, 2017.


Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendants Area Plumbing Supply, Inc., and Mousa A. Khalil which was, in effect, to preliminarily enjoin the plaintiff from foreclosing on the subject property, and substituting therefor a provision denying that branch of the motion as academic; as so modified, the order is affirmed insofar as appealed from, with costs to the defendant Mousa A. Khalil...

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