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WATERFALL VICTORIA MASTER FUND, LTD. v. GURLEY

2017-00358, Index No. 7756/08.

172 A.D.3d 783 (2019)

97 N.Y.S.3d 867

2019 NY Slip Op 03399

Waterfall Victoria Master Fund, LTD., Plaintiff, v. Paul Gurley et al., Defendants. Eliyas Property NY, LLC, Nonparty Appellant.

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

Decided May 1, 2019.

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and that branch of the motion of nonparty Eliyas Property NY, LLC, which was to restore the action to the active calendar is granted.

The Supreme Court should have granted that branch of the motion of nonparty Eliyas Property NY, LLC (hereinafter Eliyas), which was to restore the action to the active calendar. "A case...

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