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BSD 253, LLC v. WILMINGTON SAVINGS FUND SOCIETY, FSB

2021-03892. Index No. 504659/16.

219 A.D.3d 900 (2023)

194 N.Y.S.3d 328

2023 NY Slip Op 04429

BSD 253, LLC, Respondent, v. Wilmington Savings Fund Society, FSB, Doing Business as Christiana Trust, as Trustee for Pretium Mortgage Acquisition Trust, Appellant.

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

Decided August 30, 2023.

Attorney(s) appearing for the Case

Gross Polowy, LLC, Westbury, NY ( Stephen J. Vargas of counsel), for appellant.

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

In an action pursuant to RPAPL 1501(4) to cancel and discharge of record a mortgage, the defendant appeals from an order of the Supreme Court, Kings County (Devin P. Cohen, J.), dated March 24, 2021. The order denied the defendant's motion for leave to renew the plaintiff's unopposed motion, inter alia, for summary judgment on the complaint, which had been granted in an order of the same court (Paul Wooten, J.) dated February 16, 2018.

Ordered that the order dated...

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