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SELECT PORTFOLIO SERVICING, INC. v. SAMPSON

2019-05354 Index No. 702840/17.

216 A.D.3d 693 (2023)

187 N.Y.S.3d 110

2023 NY Slip Op 02344

Select Portfolio Servicing, Inc., Appellant, v. Celene L. Sampson et al., Defendants, and Beach 65 St Realty, Inc., Respondent.

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

Decided May 3, 2023.

Attorney(s) appearing for the Case

Aldridge Pite, LLP, Melville, NY ( Kenneth Sheehan of counsel), for appellant.

Avi Rosenfeld , Lawrence, NY, for respondent.

Dillon, J.P., Zayas, Ford and Wan, JJ., concur.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Queens County (Marguerite A. Grays, J.), entered January 17, 2019. The order, insofar as appealed from, granted that branch of the cross-motion of the defendant Beach 65 St Realty, Inc., which was pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed...

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