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JAMES B. NUTTER AND COMPANY v. DOE

2017-10547. Index No. 701953/15.

197 A.D.3d 1106 (2021)

153 N.Y.S.3d 489

2021 NY Slip Op 04910

James B. Nutter and Company, Appellant, v. John Doe 1 et al., Defendants, and Susan Patterson, Respondent.

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

Decided September 1, 2021.

Attorney(s) appearing for the Case

DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains, NY ( Lee S. Wiederkehr , Michael J. Schwarz , and Robertson, Anschutz, Schneid, Crane & Partners PLLC [ Joseph F. Battista ], of counsel), for appellant.

T. Austin Brown , Brooklyn, NY, for respondent.

Rivera, J.P., Austin, Duffy and Barros, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

By deed dated March 15, 2009, Sarah Lymus conveyed her interest in certain real property located in Bayside (hereinafter the subject property) to the Living Trust of Sarah E. Lymus (hereinafter the trust). Thereafter, on April 24, 2009, Lymus executed a note in favor of Somerset Investors Corp., and the note was secured by a reverse mortgage on the subject property. Somerset Investors Corp. subsequently...

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