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MYRTLE 684, LLC v. TAUBER

2018-05474. Index No. 519536/16.

189 A.D.3d 1431 (2020)

139 N.Y.S.3d 252

2020 NY Slip Op 07901

Myrtle 684, LLC, Appellant, v. Samuel Tauber, Respondent, and Investors Bank, Appellant, et al., Defendants.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

Fidelity National Law Group, New York, NY ( Michael C. Sferlazza and Donald G. Davis of counsel), for plaintiff-appellant.

Cuddy & Feder LLP, White Plains, NY ( Joshua E. Kimerling of counsel), for defendant-appellant.

Law Office of Bernard D. Orazio & Associates, P.C., New York, NY, for respondent.

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

Ordered that the order and judgment is affirmed insofar as appealed from, with one bill of costs to the defendant Samuel Tauber.

In November 2016, the plaintiff, the owner of real property in Brooklyn (hereinafter the property) which is encumbered by a judgment lien held by the defendant Samuel Tauber, commenced this action pursuant to RPAPL article 15 against, among others, Tauber and the defendant Investors Bank, which holds a mortgage on the property subject to...

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