72ND NINTH LLC v. 753 NINTH AVE REALTY LLC

8220. 850009/16.

168 A.D.3d 597 (2019)

93 N.Y.S.3d 16

2019 NY Slip Op 00554

72nd Ninth LLC, Respondent, v. 753 Ninth Ave Realty LLC et al., Appellants, et al., Defendants.

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

Decided January 29, 2019.


Construing the clear and unambiguous terms of CPLR 3408 and RPAPL 1304 so as to give effect to their plain meaning and to effectuate the intent of the Legislature (see Commonwealth of the N. Mariana Is. v Canadian Imperial Bank of Commerce, 21 N.Y.3d 55, 60 [2013]), we conclude that the loan at issue is not a "home loan" covered by CPLR 3408 (see Independence Bank v Valentine, 113 A.D.3d 62

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