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HSBC MTGE. CORP. (USA) v. MARBLE HILL AT 29, INC.

Index No. 110781/10. Appeal No. 14512. Case No. 2020-01160.

198 A.D.3d 596 (2021)

153 N.Y.S.3d 843

2021 NY Slip Op 05922

HSBC Mortgage Corporation (USA), Appellant, v. Marble Hill at 29, Inc., Respondent. Abdelrahman Harb, Also Known as Abdel Rahman Harb, et al., Nonparty Defendants.

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

Decided October 28, 2021.

Attorney(s) appearing for the Case

D.J. & J.A. Cirando, PLLC, Syracuse ( John A. Cirando of counsel), for appellant.

Brian McCaffrey, P.C., Jamaica ( Brian McCaffrey of counsel), for respondent.

Concur—Renwick, J.P., González, Kennedy, Scarpulla, Rodriguez, JJ.

The court properly granted Marble Hill at 29 Inc.'s cross motion pursuant to CPLR 1013 to intervene in this mortgage foreclosure action, since, having obtained title to the subject property from the mortgage borrower by quitclaim deed, Marble Hill had a real and substantial interest in the outcome of the action (see generally Capital Resources Co. v Prewitt, 266 A.D.2d 176 [2d Dept 1999]).

The record shows that the action...

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