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MATTER OF STERLING NATL. BANK v. FREIDMAN

Index No. 160715/17. Appeal No. 15257-15257A. Case No. 2020-04787. 2020-04802.

202 A.D.3d 495 (2022)

2022 NY Slip Op 00832

In the Matter of Sterling National Bank, Appellant, v. Evgeny Freidman et al., Respondents, and Citibank, N.A., Respondent.

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

Decided February 8, 2022.

Attorney(s) appearing for the Case

Chipman Brown Cicero & Cole, LLP, New York ( Adam David Cole of counsel), for appellant.

Zeichner Ellman & Krause LLP, New York ( Jantra Van Roy of counsel), for Citibank, N.A., respondent.

Concur—Manzanet-Daniels, J.P., Oing, González, Shulman, Higgitt, JJ.

The motion court correctly determined that petitioner's collateral, i.e., its perfected security interest in the Real Estate Entities, did not extend directly to the real property owned by the Real Estate Entities. As defined in the petition, petitioner's collateral consists of its secured interest in the Real Estate Entities themselves, pursuant to its agreement with respondent Evgeny Freidman. That interest is personal property...

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