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BERGER 3234 HOLDINGS, LLC v. RCS RECOVERY SERVICES, LLC

2021-02650. Index No. 502175/19.

219 A.D.3d 1295 (2023)

195 N.Y.S.3d 790

2023 NY Slip Op 04567

Berger 3234 Holdings, LLC, Respondent, v. RCS Recovery Services, LLC, Appellant.

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

Decided September 13, 2023.

Attorney(s) appearing for the Case

Hasbani & Light, P.C., New York, NY ( Rafi Hasbani of counsel), for appellant.

Barros, J.P., Chambers, Warhit and Taylor, 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 (Debra Silber, J.), dated March 29, 2021. The order granted the plaintiff's motion for summary judgment on the complaint.

Ordered that the order is affirmed, without costs or disbursements.

In August 2006, nonparty Kent Charles executed an equity reserve credit...

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