ONEWEST BANK FSB v. PERLA

2018-05052. Index No. 25172/09.

200 A.D.3d 1052 (2021)

161 N.Y.S.3d 193

2021 NY Slip Op 07550

OneWest Bank FSB, Appellant, v. Nissan Perla et al., Respondents, et al., Defendants.

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

Decided December 29, 2021.


Attorney(s) appearing for the Case

Duane Morris LLP, New York, NY ( Brett L. Messinger of counsel), for appellant.

Law Office of Jeffrey Fleischmann, P.C., New York, NY ( Gary M. Heller of counsel), for respondents.

Mastro, J.P., and Connolly, J., concur.


Ordered that the order is reversed, on the law, with costs, and that branch of the motion of the defendants Nissan Perla and 222 Beach 40th St., LLC, which was pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against the defendant Nissan Perla is denied.

In 2009, the plaintiff commenced this action to foreclose a mortgage granted by the defendant Nissan Perla on July 6, 2006, on property located in Far Rockaway to secure indebtedness of $420...

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