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OVERBAY, LLC v. BERKMAN, HENOCH, PETERSON, PEDDY & FENCHEL, P.C.

2018-13824. Index No. 609537/18.

185 A.D.3d 707 (2020)

128 N.Y.S.3d 56

2020 NY Slip Op 03794

Overbay, LLC, et al., Appellants, v. Berkman, Henoch, Peterson, Peddy & Fenchel, P.C., et al., Respondents.

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

Decided July 8, 2020.

Ordered that the order is affirmed, with costs.

The plaintiffs, Overbay, LLC (hereinafter Overbay), and its principal, Demetrius A. Tsunis, were the respective mortgagor and guarantor on a commercial mortgage loan that was foreclosed by the mortgagee, the defendant Harbour Trio Management, LLC (hereinafter Harbour), pursuant to a judgment of foreclosure and sale dated March 28, 2018. Pursuant to the terms of the mortgage...

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