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LUCKY'S REAL ESTATE GROUP, LLC v. POWELL

2018-10765, 2019-00673. Index No. 502603/14.

189 A.D.3d 1202 (2020)

138 N.Y.S.3d 107

2020 NY Slip Op 07556

Lucky's Real Estate Group, LLC, et al., Appellants, v. Lawrence L. Powell, Jr., et al., Defendants, and WFG National Title Company, Respondent.

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

Decided December 16, 2020.

Attorney(s) appearing for the Case

Johnson Liebman, LLP, New York, NY ( Charles D. Liebman of counsel), for appellants.

Butler, Fitzgerald, Fiveson & McCarthy, New York, NY ( David K. Fiveson and Julie Levine of counsel), for respondent.

Rivera, J.P., Roman, Duffy and Barros, JJ., concur.

Ordered that the orders are affirmed, with costs.

In March 2014, the plaintiffs Lucky's Real Estate Group, LLC (hereinafter Lucky's), and Lucky Conti (hereinafter together the plaintiffs) commenced this action, inter alia, to set aside a deed and cancel a mortgage on real property owned by Lucky's in Brooklyn (hereinafter the property). According to the plaintiffs, in August 2013, the defendant Lawrence Powell, Jr., fraudulently...

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