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JOHNSON v. CASCADE FUNDING MTGE. TRUST 2017-1

2021-02654. Index No. 500932/19.

220 A.D.3d 929 (2023)

196 N.Y.S.3d 796

2023 NY Slip Op 05393

Robert Johnson et al., Appellants, v. Cascade Funding Mortgage Trust 2017-1, Respondent, et al., Defendant.

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

Decided October 25, 2023.

Attorney(s) appearing for the Case

Law Office of Frank J. Haupel, PLLC, Rye Brook, NY, for appellants.

McCarter & English, LLP, New York, NY ( Adam M. Swanson and Trevor J. Larrubia of counsel), for respondent.

Iannacci, J.P., Chambers, Christopher and Warhit, JJ., concur.

In an action, inter alia, pursuant to RPAPL 1501(4) to cancel and discharge of record a mortgage and for declaratory relief, the plaintiffs appeal from an order of the Supreme Court, Putnam County (Victor G. Grossman, J.), dated March 22, 2021. The order, insofar as appealed from, denied that branch of the plaintiffs' motion which was for summary judgment on the complaint insofar as asserted against the defendant Cascade Funding Mortgage Trust 2017-1, in effect, denied that...

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