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PROF-2014-S2 LEGAL TIT. TRUST II v. DeMARCO

2019-11011, 2019-11012. Index No. 50459/17.

205 A.D.3d 943 (2022)

166 N.Y.S.3d 564

2022 NY Slip Op 03263

Prof-2014-S2 Legal Title Trust II, Plaintiff, v. Russell J. DeMarco, Appellant, et al., Defendants. NJCC-NYS Community Restoration Fund, LLC, Nonparty Respondent.

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

Decided May 18, 2022.

Attorney(s) appearing for the Case

Terry D. Horner , Poughkeepsie, NY, for appellant.

Knuckles, Komosinski & Manfro, LLP, Fishkill, NY ( Max T. Saglimbeni of counsel), for plaintiff and nonparty-respondent.

Barros, J.P., Rivera, Miller and Dowling, JJ., concur.

Ordered that the first order is modified, on the law, by deleting the provisions thereof granting those branches of the motion of NJCC-NYS Community Restoration Fund, LLC, which were for summary judgment on the complaint insofar as asserted against the defendant Russell J. DeMarco, to strike that defendant's answer, and for an order of reference, and denying that defendant's cross motion for summary judgment dismissing the complaint insofar as asserted against him, and substituting...

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