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NYCTL 1982-2 TRUST v. ALZHEIMER'S FOUND. OF STATEN IS., INC.

2019-13736. Index No. 103596/11.

189 A.D.3d 1053 (2020)

139 N.Y.S.3d 218

2020 NY Slip Op 07387

NYCTL 1982-2 Trust, Plaintiff, v. Alzheimer's Foundation of Staten Island, Inc., et al., Defendants, Grace Calogera et al., Appellants, and New York Community Bank, Respondent.

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

Decided December 9, 2020.

Attorney(s) appearing for the Case

Richard A. Rosenzweig, Esq., P.C., Staten Island, NY, for appellants.

Lahr Dillon Manzulli Kelley & Penett, P.C., Staten Island, NY ( Thomas K. Penett of counsel), for respondent.

Chambers, J.P., Cohen, LaSalle and Iannacci, JJ., concur.

Ordered that the order is reversed, on the law, without costs or disbursements, the motion of the defendants Grace Calogera and George Kevin Calogera to reject a referee's report is granted, the cross motion of the defendant New York Community Bank to confirm the referee's report is denied, the referee's report is rejected, and the matter is remitted to the Supreme Court, Richmond County, for a new report computing the amount of surplus monies due to the defendants Grace...

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