DEUTSCHE BANK NATL. TRUST CO. v. McAVOY

2018-08557. Index No. 63331/14.

188 A.D.3d 808 (2020)

136 N.Y.S.3d 134

2020 NY Slip Op 06494

Deutsche Bank National Trust Company, Respondent, v. Mark J. McAvoy et al., Appellants, et al., Defendants.

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

Decided November 12, 2020.


Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the plaintiff's motion which were for leave to amend the complaint to add causes of action to impose an equitable mortgage, for reformation, to recover damages for unjust enrichment, for equitable subrogation, and, in effect, for a judgment declaring the recorded mortgage a valid encumbrance against the entire property based on the defendant Laura McAvoy's ratification...

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