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NEXBANK, SSB v. SOFFER

9125, 652072/13.

173 A.D.3d 420 (2019)

102 N.Y.S.3d 566

2019 NY Slip Op 04341

NexBank, SSB, Respondent-Appellant, v. Jeffrey Soffer et al., Appellants-Respondents.

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

Decided June 4, 2019.

The history of this extensive litigation, useful as background for the present appeal, is recited in our order deciding a prior appeal (see 144 A.D.3d 457 [1st Dept 2016]).

The difference between the unencumbered value of Town Square and its value as encumbered by a lis pendens and an action (in Nevada state court) for specific performance for transfer of that property is not a loss that was incurred by plaintiff,...

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