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MATTER OF HEMPSTEAD REALTY, LLC v. STURRUP

2017-12823. Index No. 205/10.

192 A.D.3d 795 (2021)

144 N.Y.S.3d 440

2021 NY Slip Op 01411

In the Matter of Hempstead Realty, LLC, Respondent, v. Daniel Sturrup, Individually and as Trustee of the Tessie W. Warmers Trust No. 1, et al., Appellants.

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

Decided March 10, 2021.

Attorney(s) appearing for the Case

Corbally, Gartland and Rappleyea, LLP, Poughkeepsie, NY ( Allan B. Rappleyea of counsel), for appellants.

Schneider Buchel LLP, Garden City, NY ( Mary T. Lucere of counsel), and Solomon & Siris, P.C., Garden City, NY ( Bill Tsevis of counsel), for respondent.

Dillon, J.P., LaSalle, Barros and Connolly, JJ., concur.

Ordered that the judgment is affirmed, with costs.

In April 2004, Donald Boehm, as the trustee of the Tessie W. Warmers Trust No. 1 (hereinafter the trust), allegedly sold the trust's sole asset, a parcel of real property in Nassau County, to the petitioner, Hempstead Realty, LLC, for $1,550,000. As part of the transaction, the petitioner executed a purchase money mortgage and note in the sum of $1,158,000. The note provided that the trust would receive monthly payments...

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