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IOVINO v. DEUTSCHE BANK NATL. TRUST CO.

2020-03825. Index No. 501201/19.

217 A.D.3d 848 (2023)

191 N.Y.S.3d 668

2023 NY Slip Op 03341

Madeline Iovino et al., Appellants, v. Deutsche Bank National Trust Co., Defendant, and Kristina Nilaj et al., Respondents.

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

Decided June 21, 2023.

Attorney(s) appearing for the Case

Abrams Fensterman, LLP, White Plains, NY ( Robert A. Spolzino and Mark Goreczny of counsel), for appellants.

Dorf & Nelson LLP, Rye, NY ( Jonathan B. Nelson of counsel), for respondents.

Brathwaite Nelson, J.P., Maltese, Ford and Voutsinas, JJ., concur.

In an action for restitution, the plaintiffs appeal from an order of the Supreme Court, Putnam County (Victor G. Grossman, J.), dated April 29, 2020. The order, insofar as appealed from, granted the motion of the defendants Kristina Nilaj and Rito Nilaj pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, with costs.

In November 2011, Deutsche Bank National Trust...

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