41 RIV. RD., LLC v. BANK OF AM., NA

2021-01195. Index No. 31657/20.

219 A.D.3d 789 (2023)

195 N.Y.S.3d 496

2023 NY Slip Op 04354

41 River Road, LLC, Appellant, v. Bank of America, NA, et al., Respondents.

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

Decided August 23, 2023.


Attorney(s) appearing for the Case

Cohen LaBarbera & Landrigan, LLP, Chester, NY ( Oxana Lukina of counsel), for appellant.

Hinshaw & Culbertson LLP, New York, NY ( Anthony P. Scali and Ben Z. Raindorf of counsel), for respondents.

Iannacci, J.P., Genovesi, Dowling and Voutsinas, JJ., concur.


In an action pursuant to RPAPL article 15 to quiet title to real property, the plaintiff appeals from an order of the Supreme Court, Rockland County (Rolf M. Thorsen, J.), dated January 8, 2021. The order granted the defendants' motion pursuant to CPLR 3211(a) to dismiss the complaint.

Ordered that the order is affirmed, with costs.

In April 2011, Bank of America, NA (hereinafter BANA), commenced an action, inter alia, to foreclose a mortgage encumbering real...

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