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BOTANICAL REALTY ASSOC. URBAN RENEWAL, LLC v. GLUCK

Index No. 504861/18, 2018-11617.

179 A.D.3d 633 (2020)

113 N.Y.S.3d 594

2020 NY Slip Op 00099

Botanical Realty Associates Urban Renewal, LLC, et al., Respondents, v. Joel Gluck, Appellant.

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

Decided January 8, 2020.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint is granted.

In 2010, the plaintiffs Botanical Realty Associates Urban Renewal, LLC, Jar Holdings Urban Renewal, LLC, and 125 Monitor Realty, LLC, executed a note in the amount of $2,000,000 in favor of Clarkson Realty, LLC (hereinafter Clarkson Realty). The note was secured by a mortgage...

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