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MASPETH FED. SAV. & LOAN ASSN. v. ELIZER

2019-10478. Index No. 697/10.

197 A.D.3d 1253 (2021)

151 N.Y.S.3d 635

2021 NY Slip Op 05030

Maspeth Federal Savings and Loan Association, Appellant, v. Yeshiva Kollel Tifereth Elizer, Respondent, et al., Defendants.

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

Decided September 22, 2021.

Attorney(s) appearing for the Case

Mark L. Cortegiano , Middle Village, NY ( Derek Piersiak and Diana J. Demirdjan of counsel), for appellant.

Berg & David, PLLC, Brooklyn, NY ( Abraham David and Yehuda C. Morgenstern of counsel), for respondent

Mastro, J.P., Austin, Hinds-Radix and Connolly, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches of the plaintiff's motion which were pursuant to CPLR 3211(a)(7) to dismiss the second and third counterclaims of the defendant Yeshiva Kollel Tifereth Elizer, and substituting therefor a provision granting those branches of the motion; as so modified, the order is affirmed, without costs or disbursements.

In June 2005, the plaintiff, Maspeth Federal Savings and...

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