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DELACORTE v. LUYANDA

2018-03553. Index No. 8529/13.

195 A.D.3d 898 (2021)

2021 NY Slip Op 04009

Mark Delacorte, Plaintiff, v. William Luyanda et al., Defendants, Wells Fargo Bank, N.A., Respondent, and City of Middletown, Appellant. (And a Third-Party Action.)

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

Decided June 23, 2021.

Attorney(s) appearing for the Case

Alex Smith , Corporation Counsel, Middletown, NY, for appellant.

Akerman LLP, New York, NY ( Jordan M. Smith of counsel), for respondent.

Dillon, J.P., Austin, Barros and Iannacci, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Orange County, for the entry of a judgment, inter alia, declaring that the deed conveying the subject property to KI 12, LLC, is void for lack of due process.

This matter involves a parcel of land located at 19-21 Manhattan Avenue in Middletown (hereinafter the subject property). In September 2005, the...

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