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GREEN TREE SERVICING, LLC v. WEISS

2021-05416 Index No. 33634/15.

222 A.D.3d 626 (2023)

201 N.Y.S.3d 175

2023 NY Slip Op 06240

Green Tree Servicing, LLC, Appellant, v. Abraham Weiss et al., Respondents, et al., Defendants.

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

Decided December 6, 2023.

Attorney(s) appearing for the Case

Aldridge Pite, LLP, Melville, NY ( Kenneth Sheehan of counsel), for appellant.

Allen A. Kolber (Mischel & Horn, P.C., New York, NY [ Scott T. Horn ], of counsel), for respondents.

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

In an action, inter alia, to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Rockland County (Robert M. Berliner, J.), dated June 3, 2021. The order, insofar as appealed from, upon renewal, adhered to a prior determination in an order of the same court dated September 17, 2019, inter alia, granting that branch of the motion of the defendants Abraham Weiss and Esther Weiss which was pursuant to CPLR 3211 (a) to dismiss the complaint insofar...

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