BROOME LENDER LLC v. EMPIRE BROOME LLC

Index No. 850198/21. Appeal No. 933. Case No. 2022-05190.

220 A.D.3d 611 (2023)

197 N.Y.S.3d 208

2023 NY Slip Op 05461

Broome Lender LLC et al., Appellants, v. Empire Broome LLC et al., Respondents, et al., Defendants.

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

Decided October 31, 2023.


Attorney(s) appearing for the Case

Rosenberg & Estis, P.C., New York ( Howard W. Kingsley of counsel), for appellants.

A.Y. Strauss LLC, New York ( David S. Salhanick of counsel), for respondents.

Concur—Kapnick, J.P., Gesmer, Scarpulla, Rodriguez, O'Neill Levy, JJ.


Order, Supreme Court, New York County (Francis A. Kahn III, J.), entered October 12, 2022, which, to the extent appealed from as limited by the briefs, denied plaintiffs' motion for summary judgment on the cause of action for foreclosure and dismissing the second and third affirmative defenses and counterclaims, unanimously modified, on the law, to grant the motion to the extent it seeks summary judgment on the foreclosure cause of action and dismissing the third affirmative...

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