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CRUZ v. BANK OF N.Y. MELLON

2020-04074. Index No. 514383/19.

218 A.D.3d 638 (2023)

192 N.Y.S.3d 634

2023 NY Slip Op 03847

Luis R. Cruz et al., Appellants, v. Bank of New York Mellon et al., Respondents.

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

Decided July 19, 2023.

Attorney(s) appearing for the Case

Luis R. Cruz and Belkys N. Delacruz, Brooklyn, NY, appellants pro se.

Akerman LLP, New York, NY ( Erica R. S. Goldman and Jordan M. Smith of counsel), for respondents.

Connolly, J.P., Iannacci, Miller and Ford, JJ., concur.

In an action pursuant to RPAPL 1501(4) to cancel and discharge of record a mortgage, the plaintiffs appeal from an order of the Supreme Court, Kings County (Noach Dear, J.), dated February 20, 2020. The order granted the defendants' motion pursuant to CPLR 3211(a) to dismiss the complaint, and denied the plaintiffs' cross-motion for summary judgment on the complaint.

Ordered that the order is affirmed, with costs.

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