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BANK OF N.Y. MELLON v. 11 BAYBERRY ST., LLC

2019-01992. Index No. 51838/17.

186 A.D.3d 1596 (2020)

129 N.Y.S.3d 843

2020 NY Slip Op 05175

Bank of New York Mellon, Appellant, v. 11 Bayberry Street, LLC, Respondent, et al., Defendants.

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

Decided September 30, 2020.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendant 11 Bayberry Street, LLC, which was to cancel and discharge of record the subject mortgage and directing the Dutchess County Clerk to cancel the subject mortgage, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

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