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GOSHEN MTGE., LLC v. CUMBERBATCH

2021-09199. Index No. 2881/14.

219 A.D.3d 806 (2023)

194 N.Y.S.3d 325

2023 NY Slip Op 04365

Goshen Mortgage, LLC, as Separate Trustee for GDBT I Trust 2011-1, Plaintiff, v. Colyn Cumberbatch et al., Defendants. Lycan Capital Fund I, LLC, Nonparty Appellant.

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

Decided August 23, 2023.

Attorney(s) appearing for the Case

Menashe & Lapa, LLP, Montebello, NY ( Chezki Menashe of counsel), for nonparty-appellant.

Iannacci, J.P., Chambers, Ford and Wan, JJ., concur.

In an action to foreclose a mortgage, nonparty Lycan Capital Fund I, LLC, as successor in interest to the plaintiff, appeals from an order of the Supreme Court, Nassau County (David P. Sullivan, J.), entered November 22, 2021. The order, insofar as appealed from, denied that branch of the plaintiff's motion which was, in effect, pursuant to RPAPL 221 for a writ of assistance to put the plaintiff into possession of the mortgaged premises.

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