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DLJ MTGE. CAPITAL, INC. v. CHRISTIE

2019-03757. Index No. 2750/13.

202 A.D.3d 913 (2022)

162 N.Y.S.3d 464

2022 NY Slip Op 01004

DLJ Mortgage Capital, Inc., Respondent, v. Alex T. Christie et al., Appellants, et al., Defendants.

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

Decided February 16, 2022.

Attorney(s) appearing for the Case

Zimmerman Law, P.C., Huntington Station, NY ( Naomi Trainer and Michael Zimmerman of counsel), for appellants.

Hinshaw & Culbertson LLP, New York, NY ( Brian S. McGrath of counsel), for respondent.

LaSalle, P.J., Dillon and Chambers, JJ., concur.

Ordered that the order and judgment of foreclosure and sale is modified, on the law, (1) by deleting the provision thereof granting that branch of the plaintiff's motion which was for a judgment of foreclosure and sale, and substituting therefor a provision denying that branch of the motion, (2) by deleting the provision thereof denying that branch of the cross motion of the defendants Alex T. Christie and Adam Calderon which was pursuant to CPLR 5015(a)(4) to vacate the...

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