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NEWREZ, LLC v. CITY OF MIDDLETOWN

2021-05721 Index No. 51/20.

216 A.D.3d 657 (2023)

188 N.Y.S.3d 606

2023 NY Slip Op 02322

Newrez, LLC, Doing Business as Shellpoint Mortgage Servicing, Appellant, v. City of Middletown, Respondent, et al., Defendants.

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

Decided May 3, 2023.

Attorney(s) appearing for the Case

Akerman, LLP, New York, NY ( Eric M. Levine , Jordan M. Smith , and Samola E. Bonner of counsel), for appellant.

Alex Smith , Middletown, NY, for respondent.

Barros, J.P., Maltese, Zayas and Dowling, JJ., concur.

In an action pursuant to RPAPL article 15 to determine adverse claims to real property, the plaintiff appeals from an order of the Supreme Court, Orange County (Robert A. Onofry, J.), dated July 21, 2021. The order, insofar as appealed from, denied that branch of the plaintiff's motion which was to vacate so much of a prior order of the same court dated January 6, 2021, as, sua sponte, in effect, directed dismissal of the complaint.

Ordered that the order dated July...

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