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PRIVATE CAPITAL GROUP, LLC v. LLOBELL

2018-05420. Index No. 24010/08.

189 A.D.3d 1483 (2020)

134 N.Y.S.3d 760

2020 NY Slip Op 07933

Private Capital Group, LLC, Plaintiff, v. Paul V. Llobell, Jr., et al., Respondents, et al., Defendants. Goshen Mortgage, LLC, Nonparty Appellant.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

Jeffrey A. Kosterich, LLC, Tuckahoe, NY ( Michael Li of counsel), for nonparty-appellant.

Murray Law Group, P.C., West Sayville, NY ( Mark A. Murray of counsel), for respondents.

Rivera, J.P., LaSalle, Barros and Iannacci, JJ., concur.

Ordered that the order dated October 27, 2017, is reversed insofar as appealed from, on the law, with costs, the determination in the order dated December 23, 2016, granting the motion of the defendants Paul V. Llobell and Barbara A. Llobell pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against them is vacated, and that motion is denied.

The instant action was commenced in 2008 to foreclose upon a mortgage executed by the defendants Paul V. Llobell...

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