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BUSH N STUY CORP. v. BAYVIEW LOAN SERVICING, LLC

2020-07141. Index No. 517342/16.

215 A.D.3d 916 (2023)

189 N.Y.S.3d 208

2023 NY Slip Op 02102

Bush N Stuy Corp., Respondent, v. Bayview Loan Servicing, LLC, Appellant.

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

Decided April 26, 2023.

Attorney(s) appearing for the Case

Akerman LLP, New York, NY ( Ashley S. Miller and Jordan M. Smith of counsel), for appellant.

Tsyngauz & Associates, P.C., New York, NY ( Matthew C. Schwartz of counsel), for respondent.

Duffy, J.P., Rivera, Genovesi and Taylor, JJ., concur.

In an action pursuant to RPAPL 1501(4) to cancel and discharge of record a mortgage, the defendant appeals from an order and judgment (one paper) of the Supreme Court, Kings County (Wayne P. Saitta, J.), dated March 16, 2020. The order and judgment granted the plaintiff's motion for summary judgment on the complaint, denied the defendant's cross-motion for summary judgment dismissing the complaint, canceled and discharged of record...

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