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WILMINGTON SAVINGS FUND SOCIETY, FSB v. AVENUE BASIN MANAGEMENT, INC.

2020-02710. Index No. 520221/19.

211 A.D.3d 1085 (2022)

2022 NY Slip Op 07478

Wilmington Savings Fund Society, FSB, Respondent, v. Avenue Basin Management, Inc., Appellant, et al., Defendants.

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

Decided December 28, 2022.

Attorney(s) appearing for the Case

Shiryak, Bowman, Anderson, Gill & Kadochnikov, LLP, Kew Gardens, NY ( Mark S. Anderson and Matthew J. Routh of counsel), for appellant.

Knuckles, Komosinski & Manfro, LLP, Elmsford, NY ( John E. Brigandi of counsel), for respondent.

Brathwaite Nelson, J.P., Miller, Genovesi and Warhit, JJ., concur.

In an action to foreclose a mortgage, the defendant Avenue Basin Management, Inc., appeals from an order of the Supreme Court, Kings County (Noach Dear, J.), dated January 27, 2020. The order denied that defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

On September 13, 2019, the plaintiff commenced this mortgage foreclosure action against the defendant Avenue...

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