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MTGLQ INVESTORS, L.P. v. SHAY

850025/13. Appeal No. 12864. Case No. 2019-03461.

190 A.D.3d 527 (2021)

140 N.Y.S.3d 496

2021 NY Slip Op 00237

MTGLQ Investors, L.P., Respondent, v. Elaine Shay, Esq., et al., Defendants. 21647 LLC, Nonparty Appellant.

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

Decided January 14, 2021.

Attorney(s) appearing for the Case

Rosenberg Fortuna & Laitman LLP, Garden City ( Anthony R. Filosa of counsel), for appellant.

Friedman Vartolo LLP, New York ( Oran Schwanger of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, Kapnick, Singh, Mendez, JJ.

Nonparty 21647 LLC (21647) acquired title to the subject property pursuant to a referee's deed dated September 24, 2018 and issued in a foreclosure action brought by the condominium board to enforce a lien for common charges. The referee's deed was subject to the mortgage lien owed to plaintiff's predecessor.

21647's title and status as the owner of the equity of redemption made it an interested party and gave it standing to oppose plaintiff's foreclosure action ...

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