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938 ST. NICHOLAS AVENUE LENDER LLC v. 936-938 CLIFFCREST HOUSING DEVELOPMENT FUND CORPORATION

Index Nos. 850233/18, 595851/19. Appeal No. 308. Case No. 2022-03843.

218 A.D.3d 417 (2023)

193 N.Y.S.3d 22

2023 NY Slip Op 03885

938 St. Nicholas Avenue Lender LLC, Appellant, v. 936-938 Cliffcrest Housing Development Fund Corporation, Respondent, et al., Defendants. (And a Third-Party Action.)

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

Decided July 20, 2023.

Attorney(s) appearing for the Case

Kriss & Feuerstein LLP, New York ( Greg A. Friedman of counsel), for appellant.

The Kurland Group, New York ( Erica T. Healey-Kagan of counsel), for respondent.

Concur—Kapnick, J.P., Friedman, Gesmer, Mendez, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Francis A. Kahn III, J.), entered on or about January 31, 2022, which, to the extent appealed from, denied plaintiff's motion for summary judgment against defendant 936-938 Cliffcrest Housing Development Fund Corporation on its foreclosure cause of action and an order of reference, unanimously affirmed, without costs.

Contrary to plaintiff's contention, the court was not bound by the findings in the orders issued in the prior...

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