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MILKY WAY II, LLC v. KAMAR

2019-00645. Index No. 514211/16.

194 A.D.3d 1037 (2021)

2021 NY Slip Op 03317

Milky Way II, LLC, Appellant, v. Anil Kamar et al., Defendants, and 87A Cooper, LLC, et al., Respondents.

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

Decided May 26, 2021.

Attorney(s) appearing for the Case

Hasbani & Light, P.C., New York, NY ( Danielle P. Light of counsel), for appellant.

Dorf & Nelson, LLP, Rye, NY ( Jonathan B. Nelson of counsel), for respondent 87A Cooper, LLC.

McLaughlin & Stern, LLP, Great Neck, NY ( Andrew J. Luskin and Todd Harris Hesekiel of counsel), for respondent Julem Capital Corp.

Rivera, J.P., Hinds-Radix, Duffy and Christopher, JJ., concur.

Ordered that the order is affirmed, with one bill of costs.

In a note dated August 2, 2006, the defendant Anil Kamar borrowed $126,000 from nonparty Impac Funding Corporation (hereinafter Impac Funding). As security, Impac Funding was given a mortgage on property located at 87A Cooper Street in Brooklyn.

The plaintiff, Milky Way II, LLC, Impac Funding's successor in interest, commenced the instant action to foreclose the mortgage on August 11, 2016. The defendant...

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