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MORET, LLC v. NEWBANK

2019-01920. Index No. 608403/18.

194 A.D.3d 809 (2021)

143 N.Y.S.3d 902

2021 NY Slip Op 03030

Moret, LLC, Respondent, v. NewBank, Appellant, et al., Defendants.

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

Decided May 12, 2021.

Attorney(s) appearing for the Case

Weiss Zarett Brofman Sonnenklar & Levy, P.C., New Hyde Park, NY ( Michael J. Spithogiannis of counsel), for appellant.

Levy & Levy, Great Neck, NY ( Joshua Levy and Kenneth Cooperstein , of counsel), for respondent.

Chambers, J.P., Austin, LaSalle and Wooten, JJ., concur.

Ordered that the order is affirmed, with costs.

It is undisputed that the defendant NewBank transferred the property encumbered by the subject tax lien to a third party approximately four months after this action was commenced. Under these circumstances, the Supreme Court properly determined that NewBank no longer had any interest in the property and, therefore, lacked standing to defend the action (see U.S. Bank N.A. v Davids, 188 A.D.3d 943...

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