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S&T BANK v. TOP CAPITAL OF N.Y. BROCKPORT, LLC

708 CA 19-01908.

188 A.D.3d 1634 (2020)

136 N.Y.S.3d 608

2020 NY Slip Op 06616

S&T Bank, Respondent, v. Top Capital of New York Brockport, LLC, Formerly Known as Persistence Path, LLC, et al., Defendants, and Swan Tile and Marble, Inc., et al., Appellants.

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

Decided November 13, 2020.

It is hereby ordered that the amended order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this mortgage foreclosure action against defendant Top Capital of New York Brockport, LLC, formerly known as Persistence Path, LLC (Top Capital), among others, after Top Capital defaulted on a building loan agreement (BLA). Defendant DiMarco Constructors, LLC (DiMarco) was the general contractor...

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