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EAGLE EYE COLLECTION CORP. v. SHARIFF

160277/18. Appeal No. 12953. Case No. 2019-05031.

190 A.D.3d 600 (2021)

2021 NY Slip Op 00385

Eagle Eye Collection Corp., Appellant, v. Rasul Shariff et al., Respondents.

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

Decided January 26, 2021.

Attorney(s) appearing for the Case

DiResta Law Group, PC, Long Beach ( Timothy DiResta of counsel), for appellant.

David A. Kaminsky & Associates, P.C., New York ( Thuy Q. Pham of counsel), for respondents.

Concur—Gische, J.P., Kern, Moulton, Shulman, JJ.

Plaintiff alleges that, in March 2016, it brought a collection action against a nonparty debtor in Supreme Court, Nassau County. The debtor owned the condominium unit in which defendants were tenants. At some point in 2016, the debtor's mortgage lender commenced a foreclosure proceeding against her. In October 2016, the debtor conveyed the unit to nonparty NYC REO LLC (REO), for nominal stated consideration, giving a deed in lieu of foreclosure. Plaintiff alleges that defendants...

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