ASPEN SHACKLETON III, LLC v. GORDON

2017-05503, 2017-11788. Index No. 135068/16.

189 A.D.3d 967 (2020)

133 N.Y.S.3d 912

2020 NY Slip Op 07340

Aspen Shackleton III, LLC, Respondent, v. Marlon Gordon et al., Defendants, and Board of Directors of Heron Pond Homeowners Association, Appellant.

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

Decided December 9, 2020.


Attorney(s) appearing for the Case

Michael J. Motelson , Staten Island, NY, for appellant.

Shapiro, DiCaro & Barak, LLC, Rochester, NY ( Austin T. Shufelt and Jason P. Dionisio of counsel), for respondent.

Austin, J.P., Cohen, Iannacci and Christopher, JJ., concur.


Ordered that the appeal from the order dated April 5, 2017, is dismissed, as the portions of that order appealed from were superseded by the portions of the order dated August 21, 2017, appealed from; and it is further,

Ordered that the order dated August 21, 2017, is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

In this action to foreclose a modified mortgage, the plaintiff established...

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