NYCTL 1998-2 TRUST v. DR 226 HOLDINGS, LLC

2018-08196. Index No. 8569/10.

192 A.D.3d 902 (2021)

2021 NY Slip Op 08238

NYCTL 1998-2 Trust, Plaintiff, v. DR 226 Holdings, LLC, et al., Defendants, and Warren Johnson, Respondent. Adam Plotch, Intervenor; AdelphiF, LLC, Nonparty Appellant.

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

Decided March 17, 2021.


Attorney(s) appearing for the Case

Stern & Stern, Brooklyn, NY ( David Lyle Stern and Pamela Smith of counsel), for nonparty-appellant.

Brooklyn Legal Services, Brooklyn, NY ( Joshua Elmore of counsel), for respondent.

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


Ordered that the order is affirmed, with costs.

The underlying facts are recited in this Court's decision and order on a related appeal from an order dated June 8, 2017 (NYCTL 1998-2 Trust v DR 226 Holdings, LLC, 192 A.D.3d 900 [2021] [decided herewith]).

The June 8, 2017 order, in addition to granting the motion of the defendant Warren Johnson (hereinafter the defendant) to vacate a prior order, also scheduled an evidentiary hearing on

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