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PLAZA INVESTMENTS v. CAPITAL ONE FINANCIAL CORPORATION

2016-04314. Index No. 15513/14.

165 A.D.3d 853 (2018)

86 N.Y.S.3d 511

2018 NY Slip Op 06776

Plaza Investments, a New York Partnership, Appellant, v. Capital One Financial Corporation, Also Known as Capital One Bank, National Association, as Successor in Interest to Greenpoint Bank, Respondent, et al., Defendants.

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

Decided October 10, 2018.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action by filing a summons with notice alleging, inter alia, breach of contract and fraud. In response to the demand of the defendant Capital One Financial Corporation (hereinafter Capital One), the plaintiff filed a complaint alleging that in exchange for valuable consideration, Capital One's predecessor, GreenPoint Bank, assigned a mortgage to the plaintiff that had been previously extinguished...

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