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CAPITAL BANK v. 868 LITTLE E. NECK RD. REALTY, LLC

2018-00251. Index No. 604989/15.

200 A.D.3d 843 (2021)

158 N.Y.S.3d 224

2021 NY Slip Op 06983

Capital Bank, Respondent, v. 868 Little East Neck Road Realty, LLC, et al., Appellants, et al., Defendants.

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

Decided December 15, 2021.

Attorney(s) appearing for the Case

William C. McCulloh, P.C., West Babylon, NY, for appellants.

Konner, Teitelbaum & Gallagher, New York, NY ( Michael A. Gould of counsel), for respondent.

Hinds-Radix, J.P., Brathwaite Nelson, Iannacci and Zayas, JJ., concur.

Ordered that the judgment is reversed, on the law, with costs, so much of the order as granted that branch of the plaintiff's motion which was for leave to enter a deficiency judgment in the principal sum of $67,840.68 against the defendants 868 Little East Neck Road Realty, LLC, William C. McCulloh, and Joseph Giella, is vacated, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings in accordance herewith.

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