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PEOPLE'S UNITED BANK v. PATIO GARDENS III, LLC

2019-10589. Index No. 8058/12.

189 A.D.3d 1623 (2020)

135 N.Y.S.3d 268

2020 NY Slip Op 08091

People's United Bank, Respondent, v. Patio Gardens III, LLC, Appellant, et al., Defendants.

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

Decided December 30, 2020.

Attorney(s) appearing for the Case

The Law Firm of Elias C. Schwartz, PLLC, Great Neck, NY ( Jennifer J. Block of counsel), for appellant.

Frenkel Lambert Weiss Weisman & Gordon, LLP, Bay Shore, NY ( Keith L. Abramson of counsel), for respondent.

Mastro, J.P., Chambers, Iannacci and Christopher, JJ., concur.

Ordered that the order and amended judgment of foreclosure and sale is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, and that branch of the plaintiff's motion which was for an award of attorney's fees is denied.

The underlying facts of this foreclosure action are summarized in our decision and order on a prior related appeal (People's United Bank v Patio Gardens III, LLC...

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