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R.J.T. FOOD & REST., LLC v. ResCAP LIQUIDATING TRUST

2018-11574. Index No. 615307/16.

186 A.D.3d 768 (2020)

127 N.Y.S.3d 270

2020 NY Slip Op 04608

R.J.T. Food and Restaurant, LLC, et al., Respondents, v. ResCap Liquidating Trust, Appellant, et al., Defendants.

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

Decided August 19, 2020.

Ordered that the order is affirmed, with costs.

A predecessor in interest of the plaintiffs gave a mortgage on certain real property (hereinafter the subject mortgage) in favor of a predecessor in interest of the defendant ResCap Liquidating Trust (hereinafter the defendant). An action to foreclose the subject mortgage was commenced in 2005 (hereinafter the 2005 action). A separate action to foreclose the subject mortgage was commenced in 2008 (hereinafter the 2008...

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