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MTAG CUST FOR MTAG CAZ CR. NY, LLC v. COUNTY OF NASSAU

2018-09223. Index No. 1050/15.

191 A.D.3d 662 (2021)

137 N.Y.S.3d 731

2021 NY Slip Op 00555

Mtag Cust for Mtag Caz Creek NY, LLC, Respondent, v. County of Nassau, Respondent-Appellant, et al., Defendants. Blake Stone, LLC, et al., Nonparty Appellants-Respondents.

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

Decided February 3, 2021.

Attorney(s) appearing for the Case

Stim & Warmuth, P.C., Farmingville, NY ( Glenn P. Warmuth of counsel), for nonparty-appellants-respondents.

Jared A. Kasschau , County Attorney, Mineola, NY (Christi M. Kunzig and Robert F. Van der Waag of counsel), for respondent-appellant.

Bronster, LLP, New York, NY ( Nina Khaimova and Nicole M. Ciolko of counsel), for respondent.

Dillon, J.P., Chambers, LaSalle and Iannacci, JJ., concur.

Ordered that the appeal is dismissed as academic in light of our determination on the cross appeal; and it is further,

Ordered that the order is reversed insofar as cross-appealed from, on the law and in the exercise of discretion, the motion of the defendant County of Nassau pursuant to CPLR 5015(a)(1) to vacate the judgment of foreclosure and sale entered December 28, 2016, and for leave to interpose a late answer, is granted, and so much of the order entered August...

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