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DAVIS v. WILMINGTON SAV. FUND SOCY., FSB

2020-08863. Index No. 527253/19.

219 A.D.3d 798 (2023)

2023 NY Slip Op 04361

Gregory Davis, Appellant, v. Wilmington Savings Fund Society, FSB, Doing Business as Christiana Trust, Not in its Individual Capacity, But Solely as Trustee for Bronze Creek Title Trust 2014-WFB1, Respondent.

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

Decided August 23, 2023.

Attorney(s) appearing for the Case

Biolsi Law Group, P.C., New York, NY ( Steven Alexander Biolsi of counsel), for appellant.

Hinshaw & Culbertson, LLP, New York, NY ( Mitra P. Singh and Brian S. McGrath of counsel), for respondent.

Connolly, J.P., Maltese, Wooten and Voutsinas, JJ., concur.

In an action, inter alia, pursuant to RPAPL 1501(4) to cancel and discharge of record a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Bruce M. Balter, J.), dated October 22, 2020. The order granted the defendant's motion pursuant to CPLR 3211(a)(7) to dismiss the complaint.

Ordered that the order is affirmed, with costs.

In March 2015, Wilmington Savings Fund Society, FSB (hereinafter

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