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HARRISON DGR44, LLC v. LUISO 44 HARRISON, LLC

2022-00420. Index No. 61440/21.

219 A.D.3d 1413 (2023)

196 N.Y.S.3d 734

2023 NY Slip Op 04659

Harrison DGR44, LLC, Respondent, v. Luiso 44 Harrison, LLC, et al., Defendants, and Wilmington Savings Fund Society, FSB, Doing Business as Christiana Trust, Not Individually But as Trustee for Pretium Mortgage Acquisition Trust, Appellant.

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

Decided September 20, 2023.

Attorney(s) appearing for the Case

Knuckles, Komosinski & Manfro, LLP, Elmsford, NY ( John E. Brigandi of counsel), for appellant.

Galgano Sharp, LLP, White Plains, NY ( Eric R. Sharp of counsel), for respondent.

Duffy, J.P., Ford, Dowling and Taylor, JJ., concur.

In an action pursuant to RPAPL article 15 to quiet title to real property, the defendant Wilmington Savings Fund Society, FSB, appeals from an order of the Supreme Court, Westchester County (Lawrence H. Ecker, J.), dated January 7, 2022. The order, insofar as appealed from, denied those branches of that defendant's motion which were pursuant to CPLR 3211(a)(1), (5) and (7) to dismiss the amended complaint insofar as asserted against it.

Ordered that the order is affirmed...

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