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PRYCE v. NATIONSTAR MTGE., LLC

2018-10180, 2019-02012. Index No. 4283/17.

189 A.D.3d 1094 (2020)

133 N.Y.S.3d 850

2020 NY Slip Op 07410

Cassius Pryce, Appellant, v. Nationstar Mortgage, LLC, Respondent, et al., Defendants.

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

Decided December 9, 2020.

Attorney(s) appearing for the Case

Petroff Amshen LLP, Brooklyn, NY ( Serge F. Petroff , James Tierney , and Steven Amshen of counsel), for appellant.

McCalla Raymer Leibert Pierce, LLC, New York, NY ( Brian P. Scibetta of counsel), for respondent.

Mastro, J.P., Leventhal, Hinds-Radix and Maltese, JJ., concur.

Ordered that the appeal from the order dated June 5, 2018, is dismissed, as that order was superseded by the order dated January 7, 2019, made upon renewal and reargument; and it is further,

Ordered that the order dated January 7, 2019, is reversed insofar as appealed from, on the law, and, upon renewal and reargument, the order dated June 5, 2018, is vacated, and that branch of the plaintiff's motion which was for summary judgment on the complaint is granted; and...

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